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A Role Of Mediation In Resolving Student And Academic Grievances For Good Academic Governance




Anjali Chamediya, LLM, Maharashtra National Law University, Nagpur


ABSTRACT


Higher education institutions in India function as vibrant yet complex ecosystems where disputes between students and administration are inevitable due to diverse academic, administrative, financial, and equity- related issues. Despite the existence of formal grievance redressal mechanisms under the University Grants Commission (Redressal of Grievances of Students) Regulations, 2023 and the policy framework of the National Education Policy (NEP) 2020, these systems frequently suffer from perceived bias, procedural delays, lack of confidentiality, weak enforcement, and an adversarial approach. Such shortcomings often erode student trust and lead to unnecessary escalation of disputes to overburdened courts. This doctrinal study examines the nature and types of student-administration disputes in Indian Higher Education Institutions (HEIs) and critically analyses the limitations of existing internal grievance redressal mechanisms. It explores mediation as a structured, voluntary, confidential, and relationship-preserving Alternative Dispute Resolution (ADR) mechanism under the Mediation Act, 2023 and Section 89 of the Code of Civil Procedure, 1908. Drawing insights from international best practices in universities such as Emory University, University of Georgia (USA), and University of Melbourne (Australia), the study highlights mediation's potential to deliver faster, fairer, and more harmonious outcomes. The research establishes that the integration of mediation into institutional grievance processes can significantly reduce resolution timelines, minimise litigation, restore trust, and promote campus harmony. It concludes by offering practical, multi-pronged suggestions for institutionalising mediation through dedicated campus mediation centres, capacity building, policy integration, and cultural transformation in Indian HEIs.


Keywords: Student Grievance, Higher Education System, Mediation, Dispute Resolution, Student-Administration Dispute



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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