Conceptual Analysis of ADR
Alternative Dispute Resolution (ADR) is a process of dispute settlement
outside the formal judicial system to resolve the dispute through a process of mutual
compromise and agreement by parties themselves personally or through representa-
tives. In true sense, ADR is the process of resolving dispute without going through
the assessment of the court, which may brings bad publicity, acrimony, high cost and
high technicality (Sayed, 2006). In words of Mostofa Kamal, J (2007),‘‘it is an informal
settlement of legal and judicial disputes through a process of mutual compromise”
(Kamal, 2007, p.2). He also added that ADR is not a panacea for all evils but an alter-
native route to a speedier and less expensive mode of settlement of disputes. Because
of the special characteristics, “ADR is considered to be the mode in which the dispute
resolution process is qualitatively distinct from the judicial process” (Chandra, 1997,
p. 83). It is a non-judicial means for simple, quick, flexible accessible and amicable
rather than adversarial dispute resolution system. The primary object of ADR system
is the avoidance of vexation, complexity, expense and delay, and the promotion of
the ideal of access to justice (Aggarwal, 2006).