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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.

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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