Introduction
Disputes is at the heart of every legal system. As per National
Judicial Data Grid approximately 4.04 Crores cases are pending
before the various Courts in India1. It is the pandemic,
which the Courts for decades have been trying to resolve, albeit
with limited efficiency, given the procedures and complexities
involved. The judicial backlog is not a problem limited to India,
but a worldwide issue. While there are multiple reasons for such a
huge backlog, the fact remains that the number of disputes between
the parties are increasing as is the increased accessibility of the
judicial system to the public at large.
It is with a view to strengthening judicial systems across the
world, the concept of Alternate Dispute Resolution
("ADR") was born. The intent
behind introducing ADR is to alleviate the nearly unmanageable
burden on the legal system. Mediation is another but an important
facet of ADR.