From Conflict to Consensus: Promoting Diversity, Equity & Gender Inclusive ADR Practices
- NLR Journal
- Mar 24
- 2 min read
By Shivansh Sharma, UPES School of Law, Kandoli, Dehradun.
Abstract
Disputes of all kinds and conflicts are an inevitable and unfortunate reality prevalent in the modern times. The Indian society in particular stemming from a patriarchal mindset makes the women in general bear the brunt. Interestingly enough, in this pursuit, the effectiveness of the available ADR/ODR mechanisms helps pave a way to not merely address the gender issues but also poses to be an answer to the central problems of gender inclusiveness and diversity in legal field and otherwise. Talking of being gender inclusive in the ADR practices this study finds itself backed by strong empirical data that suggests despite huge efforts in the last one or two decades, gender equality in ADR processes has still not been achieved and women remain either underrepresented in the process of conflict resolution or excluded from decision making process altogether. The study focuses on central issues revolving around the lack of diversity in the field of Alternative Dispute Resolution which questions the effectiveness, structure and ultimately the legitimacy of the process itself. Likewise, ODR practices ensure that the process of conflict resolution be hands in hands with the technical know-how and tools which are helpful for the ADR panel. Imparting the technical knowledge would not only make the process of adjudication easier but also bridge the gap of lack of skills and limitations in the process. Intersecting the inclusiveness therefore performs an all-round object achieving role of imparting professionalism and ethics in the ADR practitioners Promoting equity and diversity in the context of Arbitrators would make the conflict resolution easier and more representative of the different strata of the society making the process of justice adjudication reach the grassroots level which is anyways the goal of the alternative dispute resolution mechanisms.
Keywords: Diversity, Gender Inclusiveness, Equity, ADR Mechanisms, Conflict Resolution, Professionalism, Ethics, Institutionalization.
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