Alternative Dispute Resolution (“ADR”) processes, such as arbitration and mediation, have become popular as effective ways to settle conflicts outside of traditional courtrooms. But even though these procedures can increase efficiency and fairness, concerns about disparities in gender in these systems continue. To shed light on present disparities and their ramifications, this article examines gender differences in ADR participation and its outcomes.

Understanding the larger backdrop of gender inequality in the judicial system is crucial before diving into the ADR framework. ADR includes a range of procedures that give parties freedom, privacy, and control over how their disagreements are resolved. These procedures include mediation, arbitration, negotiation, and conciliation. However, studies have shown that, in both traditional litigation and ADR, women may encounter institutionalized biases and hurdles to justice. Hon’ble Justice Pratibha M. Singh, during one of her addresses at an event on Lady Lawyers Day highlighted the fact that only 15% of the practising lawyers are women.[1] Hon’ble CJI D.Y. Chandrachud also highlighted the fact that ‘less than 10% of all Indian arbitrators on various international institutional panels are women’.[2]

Men and women participate in different ADR processes at different rates. In some circumstances, such as family and work disagreements, women make up a sizable share of litigants; nevertheless, in corporate or commercial settings, their representation is lacking. Even the government is focused on promoting ADR measures for women in domains concerning domestic violence, property rights and other familial issues by setting up women-only courts at the gram panchayat level.[3] However, there is no specific platform for women to use ADR mechanisms concerning commercial or contractual disputes. Women’s access to ADR processes may be hampered by obstacles such as cultural standards, financial limitations, and ignorance.

The results of alternative dispute resolution (ADR) differ for men and women. Despite ADR’s purported impartiality and equity, women can have fewer favourable results than men. Decision-making may be influenced by elements including implicit bias, stereotyping, and uneven power dynamics, which could result in differences in settlement rates, awards, or satisfaction levels. Setting up a women-only court at the gram panchayat level might be a step towards better inclusivity of women in ADR processes, however, the efficacy, impartiality and enforcement of the outcome of these ADR processes are still largely under question. Gender discrepancies in ADR are caused by several reasons, such as cultural norms, institutional biases, and the makeup of decision-making bodies. Unequal treatment based on gender, and the gender of arbitrators or mediators may influence the results. Furthermore, during ADR procedures, parties’ behaviours and perceptions may be influenced by cultural notions of gender roles and expectations. Gender equality and access to justice are significantly impacted by the gender differences in ADR. A diverse pool of mediators and arbitrators, training programs to increase awareness of latent biases, and the implementation of safeguards to ensure equitable treatment of all parties are just a few of the strategies needed to address these inequities. Furthermore, advancing gender-sensitive procedures and adding intersectional viewpoints can improve the efficacy and inclusivity of ADR procedures.

In conclusion, studies show that gender differences exist in ADR outcomes and participation, highlighting the necessity of taking proactive steps to eliminate structural biases and advance gender parity. ADR can reach its full potential as a just, easily accessible, and efficient method of resolving conflicts for everyone, regardless of gender, by acknowledging and addressing these discrepancies. Fostering inclusive ADR methods and furthering the values of justice and equality require ongoing study and collaboration.

[1] The Indian Express, https://indianexpress.com/article/india/hc-judge-laments-huge-disparity-legal-profession-15-percent-practising-lawyers-women-8877994/ (last visited April 10, 2024).

[2] The Hindu, https://www.thehindu.com/news/national/less-than-10-indian-arbitrators-on-international-panels-are-women-cji/article67310733.ece (last visited April 10, 2024).

[3] The Hindu, https://www.thehindu.com/news/national/coming-women-only-courts-for-alternative-dispute-resolution/article67053956.ece (last visited April 10, 2024).