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.
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