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Mediation Bill, 2021: Transitioning From Individualism To Structuralism




Yashvi Sanghani, Unitedworld School of Law, Karnavati University


ABSTRACT


Mediation has been one of the oldest and most effective form of Out of Court Settlement. It has been a prominent dispute resolution mechanism in several parts of the world in various forms since time immemorial. This paper focuses on the latest legislation on Mediation i.e. The Mediation Bill, 2021 and venture into its legal history to understand he effect of previous legislations as well as judgements in shaping the Bill now introduced in parliament. This paper also discusses the salient features of the bill and the numerous contemporary concepts that it attempts to introduce in Indian Legal system while also noting the possible shortcomings that may obstruct its effective implementation to finally analyse the nature of this Bill with regard to the nature of mediation as a dispute resolution mechanism that has existed until now.

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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Licensing:

​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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