ANALYSIS OF THE JUDICIAL INTERVENTION IN ALTERNATIVE DISPUTE RESOLUTION (ADR) IN INDIA

This article presents a critical analysis of judicial intervention in Alternative Dispute Resolution (ADR) in India, exploring the complex relationship between the judiciary and ADR mechanisms such as arbitration, mediation, and conciliation. While ADR is celebrated for its efficiency, cost-effectiveness, and party autonomy, judicial oversight remains essential to uphold the rule of law and ensure fairness. However, the challenge lies in balancing necessary supervision with the principle of minimal intervention, as outlined in Section 5 of the Arbitration and Conciliation Act, 1996. The article examines statutory frameworks, including Section 89 of the Code of Civil Procedure, the Legal Services Authorities Act, 1987, and the Mediation Act, 2023, assessing their interaction with evolving judicial precedents. It also discusses the tension between judicial scrutiny and party autonomy, particularly concerning the interpretation of public policy in setting aside arbitral awards. The study reveals that while Indian courts have played a pivotal role in fostering ADR, excessive or misdirected interventions can erode its foundational objectives. Concluding with a call for a harmonized approach, the article advocates for respecting party autonomy while ensuring judicial oversight is exercised judiciously, thereby promoting a more robust and credible ADR ecosystem in India.