Anindita Sarkar (Dutta), Assistant Professor, Bengal Law College, Santiniketan, West Bengal
ABSTRACT
States has two fundamental obligations to observe- 1.to impede war and 2. to administer justice. All kinds of progress, upliftment and budding of the state rest on these two basic criteria. Progress on the other hand suggests complications and generates problems as an integral outcome. It is the duty of the state to minimize the tension by administrating Justice. According to the conventional concept ‘court’ is the only doorway to obtain justice. Disputes were resolved through institution of litigation in courts; but now a days, the concept of ‘multi door judicial approach’ is recognized and patronized both by the Government and the Judiciary. With Regular Dispute Redressal mechanism (litigation) Alternative Dispute Resolution (ADR) mechanism is highly valued on account of its simplicity, such as less time- consuming procedure, straight technicalities, and cost-effective nature. The article aims at to highlight the significance of one of such ADR tools, called Mediation. This tool works as a voluntary mechanism which ensures a ‘win- win’ situation between the parties. Parties are assisted by the mediator to take their own decision and reach to an amicable settlement. Till date there is not any consolidated legislation on mediation in India. Through this article the scope of mediation is analyzed with the help of its evolutionary history in the Indian judiciary as well as in legislative backdrop.
Keywords: Litigation, ADR mechanism, non-binding dispute resolution system, Conciliation, Draft Mediation Bill 2021.
