Hybrid ADR Mechanism: A Step Towards Reformative Justice System

ABSTRACT

Alternative dispute resolution picked up pace when the judicial system was encumbered by huge backlog of cases. ADR as a justice delivery system got endorsed by the various rules laid down by International Organizations and countries introducing their own specified legal frameworks like: – The Arbitration and Conciliation Act, 1996 constituted in India. Hybrid ADR models- Med Arb (Mediation Arbitration), Arb Med (Arbitration Mediation) and Arb Med Arb (Arbitration Mediation Arbitration) are gaining prominence due to their flexibility, more efficiency, productive results and more friendly and cooperative settlements among the parties. This article examines the rise, types and functioning of hybrid ADR mechanisms, analysing the several advantages along with disadvantages and the judiciary’s point of view on its application. A contrast has also been drawn between Med Arb and the more organised Arb Med Arb Model which is being reflected by its precise results and proper functioning. The article also highlights some global models being adopted by Institutions like: – SIAC (Singapore International Arbitration Centre) and SIMC (Singapore International Mediation Centre). These models can be considered as samples to provide a robust legal framework in India for Hybrid ADR’s application.