Community Mediation Models: India Vs USA Vs Singapore
- IJLLR Journal
- May 22
- 2 min read
Shalini Maurya, LL.M., School of Law, Justice and Governance, Gautam Buddha University.
Dr. Rama Sharma, Assistant Professor, School of Law, Justice and Governance, Gautam Buddha University.
ABSTRACT
India’s judicial system is often slow, causing many people to look for other ways to resolve disputes. These include Lok Adalats, set up under the Legal Services Authorities Act, 1987, and the more recent Mediation Act, 2023. However, it is unclear if these government-backed forums can truly be called community mediation because they may not have strong local support, might involve pressure on people to agree, and could focus more on quickly settling cases than on fixing relationships.
This paper compares different models of community mediation in India, the United States, and Singapore to see if they can help improve access to justice. In the US, community mediation is led by local volunteers who take a restorative justice approach, focusing on repairing relationships. Singapore has a system that mixes government support with trained community mediators, making it efficient and effective in achieving settlements that promote social harmony.
The study shows that India’s system, while handling a lot of cases quickly, lacks real community involvement, can favour those with more power, and may not be truly voluntary. These issues are highlighted through a case study of a rural family dispute and practical experiences from the field.
The paper suggests combining Singapore’s structured and efficient system with the US model’s focus on local volunteers and restorative justice. It also proposes adding Indian-specific protections like checking for vulnerability, allowing people to opt out, and providing cultural sensitivity training. This approach could be supported by Articles 14 and 21 of the Constitution, helping to create a fairer and more inclusive justice system.
Keywords: Community Mediation, Lok Adalats, Access to Justice, Comparative ADR, Mediation Act 2023, Restorative Justice.
