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VOL. 11, ISSUE 1 (2026)
ADR, rule of law and good governance: A comparative international study
Authors
Dr. Dushyant Kumar, Ashraf Yusuf Khan
Abstract

Alternative Dispute Resolution (ADR) has emerged as a critical mechanism for strengthening justice delivery systems in both national and international legal frameworks. In the contemporary era, courts across jurisdictions face mounting challenges in the form of case backlogs, procedural delays, high litigation costs, and declining public confidence. These challenges directly affect the realization of the rule of law and the effectiveness of good governance. Against this background, ADR has gained recognition as a complementary mechanism capable of enhancing access to justice, efficiency, and institutional accountability. This article undertakes a comparative international study of the relationship between ADR, the rule of law, and good governance, with a particular focus on national legal systems and international dispute resolution frameworks.

The article examines how ADR mechanisms such as arbitration, mediation, conciliation, and negotiation contribute to the core principles of the rule of law, including legal certainty, fairness, equality before law, and effective dispute resolution. It further analyses the role of ADR in promoting good governance by improving administrative efficiency, reducing judicial burden, encouraging participatory justice, and strengthening public trust in legal institutions. The study explores international legal instruments such as the UNCITRAL Model Laws, the New York Convention, and the Singapore Convention on Mediation, alongside national frameworks, with particular reference to India and selected foreign jurisdictions.

Through a comparative analysis, the article highlights both the advantages and limitations of ADR in achieving governance objectives. While ADR enhances efficiency and accessibility, concerns relating to transparency, accountability, and power imbalance continue to pose challenges. The article argues that a balanced integration of ADR within formal legal systems, supported by legislative clarity and judicial oversight, is essential for reinforcing the rule of law and ensuring good governance. It concludes that ADR is not merely an alternative to litigation but a governance tool that strengthens democratic institutions and justice delivery in a globalized legal order.
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Pages:61-65
How to cite this article:
Dr. Dushyant Kumar, Ashraf Yusuf Khan "ADR, rule of law and good governance: A comparative international study". International Journal of Advanced Research and Development, Vol 11, Issue 1, 2026, Pages 61-65
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