Evaluating ADR in Practice: Empirical Evidence from the State of West Bengal

Abstract

The Alternative Dispute Resolution (ADR) mechanisms are the best illustrations of the proverb, “Necessity is the mother of invention”. As the litigations started to increase and the court-based settlement system started to crumble, different ADR mechanisms mushroomed across the globe. Since the understanding and development of ADR in different parts of the world are at different levels, practical implementation of ADR differs from country to country. No system of dispute settlement can be effective unless people repose faith in it. Hence, creating awareness by understanding and addressing impediments in the administration of ADR mechanisms attains great significance. The success of ADR in different parts of India is not at the expected level, which is evident in the increasing pendency of cases before the judiciary at all levels. In light of this, an attempt is made here to evaluate the practical scenario of ADR in the State of West Bengal by looking into judicial trends, government efforts, responses of the legal fraternity, and public perception.