Role Of Pre-Institution Mediation In Settling Commercial Disputes Vis-À-Vis The Avoidance Of Docket Explosion
Ms. Sharada Vivek, Research Scholar (Part-Time), The Tamil Nadu Dr. Ambedkar Law University, Chennai
ABSTRACT
The increasing volume of commercial litigation has contributed significantly to delay in the disposal of cases and the growing burden on the Indian judicial system. Pre-Institution Mediation has emerged as an important mechanism for resolving commercial disputes before they enter the formal process of adjudication. This study examines the role of Pre-Institution Mediation in facilitating early settlement of commercial disputes and in preventing docket explosion. It analyses the statutory and constitutional framework governing Pre-Institution Mediation in India. The study further examines the role of Legal Services Authorities and the principles underlying the mediation process. Judicial interpretation is analysed to understand the mandatory nature of Pre-Institution Mediation and the urgent interim relief exception. The study identifies legal and institutional challenges and proposes measures to strengthen Pre-Institution Mediation as an effective mechanism for speedy, cost-effective and consensual resolution of commercial disputes.
Keywords: Pre-Institution Mediation; Commercial Disputes; Section 12A; Commercial Courts; Mediation; Alternative Dispute Resolution; Docket Explosion; Access to Justice; Commercial Litigation; Dispute Resolution.
