The Mediation Act, 2023: A Critical Analysis Of It’s Role In Strengthening Alternative Dispute Resolution In India
- IJLLR Journal
- May 15
- 2 min read
Akshat Kumar Singh LL.M., School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
Dr. Deepak Jaisal, Assistant Professor, School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
ABSTRACT
As an ADR process in India, mediation has seen significant attention with respect to its legalization by means of enactment of Mediation Act, 2023, marking the inception of uniform statutory law concerning mediation in India for the first time ever. This study seeks to assess the effectiveness of the Mediation Act, 2023 regarding improvement in existing ADR process in India with regards to efficiency, enforceability and access to justice. Prior to the enactment of the Mediation Act, 2023, the regulation of the mediation process in India was carried out according to the fragmented legal system, where the mediation process was regulated under Section 89 of the Code of Civil Procedure, 1908 with consequent inefficiency in procedures and low enforceability of the mediation process. The research seeks to consider the contribution of the Mediation Act, 2023 in reducing backlog in judiciary and fostering an efficient mechanism for dispute resolution. In terms of efficiency, the act provides for pre-litigation mediation, time-bounded process and legally enforceable mediated settlements. This ensures a faster resolution of disputes and saves court time to a great extent. While mediation as an approach promotes fairness as a result of negotiations between the parties involved, there can be issues arising from the power imbalance between the parties, the willingness to enter into such arrangements, and the protection of privacy in mediation. The setting up of the Mediation Council of India and the statutory backing for online and community mediation adds to its legitimacy and helps reach out to underprivileged communities as well. This paper further highlights significant problems related to the voluntary nature of mediation, lack of awareness, lack of qualified mediators, infrastructure-related problems, and misalignment with international agreements such as the Singapore Convention on Mediation. The current paper thus finds that although the Mediation Act 2023 is a significant step towards the adoption of an ADR mechanism in the Indian legal system, there is room for further development insofar as making the process compulsory in certain categories of disputes and developing capacity and awareness regarding mediation.
Keywords: Mediation Act 2023, Mediation, Alternative Dispute Resolution (ADR), Pre-Litigation Mediation, Access to Justice, Mediation Council of India, Judicial Efficiency.
