Alternative dispute resolution (ADR) should not become a privilege available only to parties who can afford sophisticated dispute resolution mechanisms, Supreme Court Justice Sandeep Mehta said on Thursday.
Justice Mehta said the success of ADR could not be measured merely by speed, efficiency or the number of institutions established.
“ADR should not become a privilege, available only to those who can afford the cost of sophisticated dispute resolution,” he said.
The judge was speaking at the Delhi chapter of India ADR Week 2026, organised by the Mumbai Centre for International Arbitration (MCIA).
Justice Mehta said cost and accessibility were equally important. If dispute resolution became excessively expensive, it could itself become a barrier of the kind ADR was intended to remove.
He also referred to the move away from arbitration in some government contracts. The dispute resolution ecosystem, he said, must remain sophisticated without becoming unnecessarily expensive.
Justice Mehta stressed that ADR was not synonymous with arbitration. Arbitration, mediation, conciliation, negotiation and Lok Adalats were different mechanisms suited to different disputes.
He also warned against arbitral proceedings replicating the delays and procedural complexity of conventional litigation.
“If arbitral proceedings begin to duplicate the procedural complexity, the delays and the technicality of court proceedings, the very purpose of arbitration will be defeated,” he said.
The judge added that courts had an important but limited supervisory role. Judicial intervention should protect the integrity of arbitration while allowing proceedings to reach their conclusion without unnecessary interference.
Justice Mehta also addressed artificial intelligence (AI). He said AI could assist tribunals with document review, case analysis and evidence management, but could not take over the adjudicatory function.
“AI may assist a tribunal, or as it does the court, in understanding it. It cannot assume responsibility for the judgment that follows,” he said.
Senior Advocate Nakul Dewan KC , delivered the vote of thanks.
AI was also discussed during a panel on construction disputes moderated by Gaurav Juneja, Partner at Khaitan & Co. The panel included Animesh Bordoloi of AIAC Malaysia, Mehak Oberoi of ConstructHER Legal Network, Senior Advocate Ratan K Singh, Robert Whitehead of HAS Law and Dr Yuting Chen of London South Bank University.
The panel examined delays, extension-of-time claims, prolongation costs, variations and the technical complexity of long-term infrastructure projects. Speakers also explored whether AI could detect inconsistencies between site data, project schedules and contractual obligations before disputes mature into formal claims. They stressed that human judgment would still be required before acting on such information.
A separate panel examined the growing India-MENA arbitration corridor. It was moderated by Lara Hammoud of Arbitra International and included Alim Khamis of Gateley Middle East, Khushboo Shahdadpuri of Al Tamimi & Company, Priya Dhankhar of SKV Law Offices and Shweta Bharti of Hammurabi & Solomon Partners.
The speakers discussed disputes arising from growing construction, infrastructure, energy and investment flows between India and the Middle East. They examined choice of arbitral seats, interim relief, regional institutions, enforcement of awards and the changing framework of investment treaty protection.