Beyond Courtrooms: Embracing Mediation In Legal Conflict Resolution

Hridyansh Yadav, B.A.LL.B. (Hons.), Dr. B.R. Ambedkar National Law University, Sonepat, Haryana

I. Introduction

"As legal disputes unfold, mediation offers a transformative approach, turning confrontation into conversation and litigation into collaboration." Mediation is a voluntary process where an impartial mediator facilitates disputing parties towards a settlement. Unlike an arbitrator or litigator, a mediator does not impose decisions but creates an environment where parties can collaboratively resolve their disputes. This structured approach relies on specialized communication and negotiation techniques to guide discussions toward mutually acceptable outcomes.

1. History

Mediation in India has ancient roots, dating back to the Vedic age, where disputes were resolved at the community level by neutral third parties known as Panch Parmeshwar in Panchayats1. During British colonial rule, mediation gained formal recognition as an Alternative Dispute Resolution (ADR) mechanism.

Significant reforms in the Indian judicial system were initiated under the guidance of Hon’ble Mr. Justice A.M. Ahmadi, Former Chief Justice of India, who collaborated with the Institute for the Study and Development of Legal System (ISDLS) from the USA. This led to structural and legislative reforms, culminating in the amendment of Section 892 of the Code of Civil Procedure in 1999. This amendment mandated courts to refer disputes, post-framing of issues, to mediation, arbitration, conciliation, or judicial settlement through Lok Adalats, promoting alternative methods of dispute resolution.