Industrial Disputes and the Role of ADR in Labour Law
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| Format: | Recurso digital |
| Langue: | anglais |
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2025
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| _version_ | 1866902206050992128 |
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| author | Banawala, Harshilkumar Dinesh Bhai |
| author_facet | Banawala, Harshilkumar Dinesh Bhai |
| contents | <p>Abstract <br>Industrial disputes have long posed a significant challenge to harmonious employer<br>employee relations in India. The traditional mechanisms for resolving such disputes primarily <br>through courts and industrial tribunals are often time-consuming, adversarial, and resource<br>intensive. In response to these challenges, Alternative Dispute Resolution (ADR) methods such as <br>conciliation, arbitration, mediation, and negotiation have gained prominence within the framework <br>of labour law. This paper explores the evolution, legal framework, effectiveness, and practical <br>application of ADR in resolving industrial disputes. It highlights the potential of ADR <br>mechanisms to offer faster, cost-effective, and mutually acceptable solutions that reduce litigation <br>burdens and foster industrial peace. The study also critically examines limitations and challenges in <br>adopting ADR, including lack of awareness, procedural ambiguities, and resistance from <br>stakeholders. Through doctrinal and comparative analysis, the paper proposes reforms to integrate <br>ADR more effectively within India’s labour jurisprudence. </p> |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_16947861 |
| institution | Zenodo |
| language | eng |
| publishDate | 2025 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Industrial Disputes and the Role of ADR in Labour Law Banawala, Harshilkumar Dinesh Bhai Industrial Disputes, Alternative Dispute Resolution (ADR), Labour Law, Arbitration, Conciliation, Mediation, Industrial Relations, Trade Unions, Dispute Settlement, Labour Courts, Industrial Peace, Legal Framework <p>Abstract <br>Industrial disputes have long posed a significant challenge to harmonious employer<br>employee relations in India. The traditional mechanisms for resolving such disputes primarily <br>through courts and industrial tribunals are often time-consuming, adversarial, and resource<br>intensive. In response to these challenges, Alternative Dispute Resolution (ADR) methods such as <br>conciliation, arbitration, mediation, and negotiation have gained prominence within the framework <br>of labour law. This paper explores the evolution, legal framework, effectiveness, and practical <br>application of ADR in resolving industrial disputes. It highlights the potential of ADR <br>mechanisms to offer faster, cost-effective, and mutually acceptable solutions that reduce litigation <br>burdens and foster industrial peace. The study also critically examines limitations and challenges in <br>adopting ADR, including lack of awareness, procedural ambiguities, and resistance from <br>stakeholders. Through doctrinal and comparative analysis, the paper proposes reforms to integrate <br>ADR more effectively within India’s labour jurisprudence. </p> |
| title | Industrial Disputes and the Role of ADR in Labour Law |
| topic | Industrial Disputes, Alternative Dispute Resolution (ADR), Labour Law, Arbitration, Conciliation, Mediation, Industrial Relations, Trade Unions, Dispute Settlement, Labour Courts, Industrial Peace, Legal Framework |
| url | https://doi.org/10.5281/zenodo.16947861 |