THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN ENHANCING ACCESS TO JUSTICE

Abstract

The increasing complexity of legal disputes and the rising burden on judicial systems worldwide have fueled the demand for Alternative Dispute Resolution (ADR) as a viable mechanism for enhancing access to justice (1). ADR, encompassing arbitration, mediation, conciliation, and negotiation, provides cost-effective, flexible, and timely solutions that complement traditional litigation (2). By reducing procedural formalities and fostering a more collaborative approach, ADR enables disputing parties to preserve relationships and reach mutually beneficial outcomes, thereby improving overall satisfaction with the justice process (3).

Furthermore, ADR mechanisms play a critical role in bridging justice gaps in jurisdictions where court infrastructure is inadequate or litigation is prohibitively expensive (4). This is particularly significant in developing countries, where delayed judgments and case backlogs undermine public confidence in formal judicial systems (5). With the integration of technology-driven ADR platforms, including online dispute resolution (ODR), access to legal remedies is further expanded, allowing individuals and organizations to resolve conflicts across borders with minimal costs and procedural hurdles (6).

This paper examines the evolution of ADR, its comparative advantages over traditional litigation, and its potential to enhance access to justice globally. It also identifies key challenges, including enforcement of ADR outcomes, lack of awareness, and inconsistent legal frameworks, while proposing strategies to strengthen ADR adoption within national and international legal systems (7). The study argues that the future of equitable and accessible justice lies in institutionalizing ADR mechanisms as a core component of legal policy and practice (8).