Study Of Mediation As A Leading Mechanism For Settlement Of Dispute And Its Challenges
- IJLLR Journal
- Nov 13, 2025
- 1 min read
T. Srinithi & X. Subashree, School of Law, Chettinad Academy of Research and Education, Kelambakkam
ABSTRACT
Mediation has emerged as one of the most effective and preferred mechanisms for the amicable settlement of disputes, offering a viable alternative to the traditional adversarial system of litigation. Rooted in principles of neutrality, confidentiality, and voluntariness, mediation encourages parties to engage in constructive dialogue, enabling mutually beneficial outcomes while preserving relationships. This research examines mediation as a leading mechanism for dispute resolution, with a focus on its evolution, procedural framework, and practical application in various fields such as commercial, family, and civil disputes. It also evaluates the legislative and institutional support for mediation in India, particularly under the Mediation Act, 2023, and its alignment with global best practices.
Despite its growing recognition, the study identifies several challenges that hinder the effective implementation of mediation such as lack of awareness, inadequate infrastructure, resistance from legal practitioners, and limited training of mediators. The research further explores how these obstacles can be addressed through policy reforms, institutional capacity-building, and public sensitization initiatives. Ultimately, the study underscores the potential of mediation to strengthen the justice delivery system by promoting access to justice, reducing judicial backlog, and fostering a culture of collaborative dispute resolution.
Keywords: Mediation, Alternative Dispute Resolution (ADR), Dispute Settlement, Mediation Act 2023, Judicial Backlog, Challenges, Access to Justice.
