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The Transformative And Innovative Power Of Mediation: Resolving Conflicts Beyond The Courtroom




Apoorva Bhardwaj, Research Scholar, Faculty of Law, University of Lucknow, Lucknow

Dr. Rakesh Kumar Singh, Professor, Faculty of Law, University of Lucknow, Lucknow


ABSTRACT


Effective implementation of Alternative Dispute Resolution mechanism is the need of hour to tackle the issue of the huge pendency in the courts. Mediation, a form of Alternative Dispute Resolution is one of the most promising developments in modern dispute resolution mechanism. Although it is not a new kid on the block; this mechanism exists from classical Indian History to various legal statutes of India. But a dedicated legislation has been brought up recently in 2023. This article explores the growth of mediation and features of Mediation Act 2023. Additionally, it highlights the advantages of Mediation over Litigation and the future of mediation that is e-mediation. The final section addresses the need for proper implementation of new law and overcoming the challenges facing by mediation. A lot has been done, a lot remaining. Much has been accomplished, but much remains to be done. Overall, mediation is a powerful and innovative tool of dispute resolution mechanism. Success, however, require a thoughtful evaluation of its potential benefits and challenges.


Keywords: Alternative Dispute Resolution, Mediation, Litigation, e- Mediation



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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