ADR-THE AMIKA WAY

An arbitration and mediation body in Hyderabad offers a template for other such institutions,

- P. Madhava Rao

In a society increasingly dependent on technology and globalization, effective and amiable dispute resolution processes are critical. Alternative Dispute Resolution (ADR) provides an appealing alternative to the traditional, often lengthy, costly, and confrontational court system. Amika Arbitration and Mediation Council (AAMC) Hyderabad, exemplifies this transition by providing a platform for the peaceful resolution of disputes using various ADR procedures.

The growing burden on Indian courts, which totals approximately five crore cases across all courts in the country, the opening up of the economy to attract foreign direct investment, changing societal norms, societal problems, family structure, matrimonial relations, recognition of women's property rights, and urbanization have prompted India to consider an alternative approach to dispute resolution.

The Mediation and Conciliation Project Committee (MCPC) of the Supreme Court of India, founded in 2005, and the Justice Sri Krishna Committee, created in 2017, have actively campaigned for the institutionalisation of mediation and arbitration as alternative dispute resolution methods. Disputants from industry, business, commerce, and families also wanted a faster approach to resolving their disputes without relying heavily on courts and without court intervention in dispute resolution processes that are possible outside of courts and that are resolved through mutual consent and agreement, and the subject matter is not about the rights of a third party, nor is it in the domain of the state's law and order.

The demand not only prompted the government to enact the Mediation Act of 2023, amend the Arbitration and Conciliation Act of 1996 in 2016, 2019, and 2021, and amend the Commercial Courts Act of 2015 to mandate pre-institutional mediation for dispute resolution, but also encouraged private players to participate in alternative dispute resolution systems.