A Comparative Study of India’s Mediation Laws and Their Shortcomings
Author : J Jencybai Carolina
Abstract :
In developing countries like India, where most of the people opt for litigation to resolve disputes, there is excessive over-burdening of courts and a large number of pending cases on the docket, which has ultimately led to dissatisfaction among people regarding the judicial system and its ability to provide justice, often making true the popular belief, “Justice delayed is justice denied”. The concept of Mediation as a part of alternative dispute resolution system is an ancient and deeply rooted practice in our country. It has been practised in the form of the panchayat system for centuries, in which certain respected elders of the village acted as mediators between the conflicting parties and helped to resolve their disputes. Beyond certain legislations providing for mediation, at present The Mediation Act, 2023 is a progressive legislation for peaceful dispute resolution in India which streamline, structure and institutionalise the mediation process. Online mediation is covered by the law. Mediation proceedings can be virtual, online or hybrid. This enhances the convenience of participation and allows a wide reach. It applies to commercial disputes with the government. Even though it is fruitful it has its own pitfalls such as registration of mediators, disputes relating to claims of certain persons, lack of mandatory mediation, and international mediation which needs to addressed.
Keywords :
Mediation, Alternative Dispute Resolution, the Mediation Act, 2023.
