Dr. Ashish Kumar, Assistant Professor, Faculty of Law, University of Delhi
ABSTRACT
The modern theory and practice of mediation has gathered a wide attention in the contemporary domain of alternative dispute resolution. Practitioners and policy makers in this arena require a definite answer in so far as the universality of mediation’s definition is concerned. As the theoretical domain of mediation is still expanding, the domain experts face a daunting task of defining mediation with precision in universal terms. Further, the varying models of mediation require definite understanding of the role played by mediator in each of these different settings of mediation. In view of this, the present paper attempts to bring clarity to the definitional aspects of mediation by analysing the plurality of its definitions and by examining the three mainstream models of mediation as commonly adopted and practiced by mediators across legal jurisdictions.
