Business Beyond Legalities: Non-Lawyer Mediators In Commercial Mediation
- IJLLR Journal
- Feb 14
- 1 min read
Meghana Narayanan & Manasa Ravi, O.P. Jindal Global University
ABSTRACT
The paper explores the potential for non-lawyers to become commercial mediators due to their solution-oriented perspective and subject-matter expertise, in light of The Mediation Act, 2023 which allows for the practice. Historically, mediation predated formal legal systems, with community leaders previously driving the system. Despite this heritage, legal professionals have come to dominate this field. The paper highlights the issues faced by lawyers as mediators, including their competitive and adversarial approach developed through legal practice which vastly differs from mediation training that values collaborative communication. The Indian approach through the new Act is juxtaposed against international standards such as the Singapore Convention, as well as Mediation practices in the United Kingdom to identify the benefits of accommodating non-lawyer mediators. This analysis, supported by surveys, further upholds the importance of diversification and recognising the skillset of professionals from other backgrounds in the commercial mediation space. As such, the paper calls for a shift away from the monopoly of legal practitioners, promoting a diverse and interdisciplinary pool of mediators, strengthening the alternative dispute resolution in commercial contexts.
