The Mediation Act, 2023: A Legislative Perspective On India’s Evolving ADR Framework
- IJLLR Journal
- Jun 1
- 2 min read
Namitha Udayan & Mohammed Imtiaz Iqhbal, B.A. LL.B., Government Law College, Thiruvananthapuram, Kerala.
ABSTRACT
The concept of Alternative Dispute Resolution (ADR) has a long history in India, dating back to ancient times. The traditional dispute resolution methods, such as panchayats and family elders mediating conflicts, were an early form of ADR. The Mediation Act, 2023, was introduced to address the unique needs and potential of mediation, distinguishing it from the frameworks provided by the Arbitration and Conciliation Act, 1996. While the 1996 Act focuses primarily on arbitration and conciliation, it did not comprehensively define or regulate mediation. The new Act provides a dedicated legal framework with clear definitions, structured procedures, and specific guidelines for mediation. This ensures a robust and effective process, reinforcing the binding nature of mediation settlements by giving them the same status as court decrees. The Mediation Act is a vital development in the field of ADR. Mediation has added leverage to dispute redressal in several countries. India has significantly enhanced its mediation practices through collaborations with international organizations, aligning with global standards to improve dispute resolution. Key partnerships include adopting elements of the UNCITRAL Model Law, signing the Singapore Convention on Mediation, and engaging with the World Bank for regulatory reforms. Effective dispute resolution is a constant necessity. As society evolves, the systems for resolving disputes must also adapt. Alternative dispute resolution (ADR) offers an efficient method, serving as an alternative to litigation with less hassle. Arbitration and mediation are two effective methods of dispute settlement in ADR.
The paper will cover topics ranging from the importance of ADR mechanisms to the challenges of the Mediation Act, 2023, with recommendations to improve the applicability of the Act.
