Kirti Krishna, Christ (Deemed To Be) University
ABSTRACT
Mediation has emerged as a notable alternative dispute resolution (ADR) method in India, which provides an effective, economical, and less confrontational option in contrast to that of litigation. Legislative measures, which include the Mediation Bill 2013, the Commercial Courts Act 2015, and the Consumer Protection Act 2019, have aided in the establishment of mediation, especially in commercial, family, and consumer conflicts.
This long article explores the scope of Mediation in India by analysing its historical roots, legal frameworks, and the emerging institutional infrastructure supporting its growth. The challenges faced in the process of Mediation in India involves an uncooperative attitude from professional persons in law, lack of public awareness and the inconsistency applied towards Mediation. It also deals with important legislative measures and judicial decisions that have moulded the mediatory process, which incorporates mediation as an important step and requires it to be concluded before approaching the court of law.
A robust policy framework that guarantees consistency in mediation, upholds mediated agreements, and offers mediator training is crucial for promoting mediation in India. Suggestions consist of promoting mediation- supportive practices, utilizing digital tools to enhance procedures, and raising public and professional knowledge regarding the advantages of mediation.
In conclusion, Mediation serves as a crucial and important tool for efficient and equitable dispute resolution in India where it would incorporate new approaches that could be instrumental for the faster, more cooperative and collaborative, and less adversarial dispensation of justice in a fair and equitable manner.
Keywords: Public Awareness, Legal frameworks, Judicial Decisions, Mediation, and Alternative Dispute Resolution (ADR).
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