COMPULSORY MEDIATION-SHOULD BE INTRODUCED BUT GRADUALLY

AUTHOR-SAMRIDDHI MISHRA, STUDENT AT NATIONAL LAW UNIVERSITY, ODISHA

Best Citation – SAMRIDDHI MISHRA, COMPULSORY MEDIATION-SHOULD BE INTRODUCED BUT GRADUALLY, ILE JOURNAL OF ALTERNATIVE DISPUTE RESOLUTION LAW REVIEW (ILE JADRLR), 1 (1) of 2023, Pg. 31-37, APIS – 3920 – 0046 | ISBN – 978-81-964391-3-2.

ABSTRACT

The Indian judiciary is heavily burdened by the pendency of cases. Litigation often costs the parties a lot of time and money. Alternative dispute resolution methods have emerged as a way to resolve disputes without going down the conventional litigation route. These methods are often more flexible, less time-consuming and less expensive. Mediation is one such alternative dispute resolution method that has much potential in the Indian legal space if used successfully. In a mediation process, the negotiations between the parties are facilitated by a neutral third party, the mediator, who helps them reach a mutual agreement. It is a voluntary, informal and confidential process. It is a better alternative to the traditional method of litigation. It can save the parties time and money and preserve their relationship. High acceptance of mediation can reduce the burden on the judiciary. Because of these benefits, compulsory mediation is being introduced as a pre-condition for litigation in some countries. In India, it is mandatory for some commercial disputes. India has followed the example of these countries and introduced a provision for compulsory pre-mediation in civil and commercial disputes through the Mediation Bill 2021. Mandatory mediation can reduce case pendency and promote mediation. However, it is often criticized as it goes against the voluntary nature of mediation. In India, the introduction of compulsory mediation is a step in the right direction, but the current infrastructure in India is not suitable for the introduction of compulsory mediation. It should be introduced in India, but gradually.

Keywords – Mediation, Alternative Dispute resolution, Mandatory mediation, Litigation, Pendency of cases in the judiciary, Mediator