The Mediation Bill, 2023 is a progressive legislation for peaceful dispute resolution in India. Kudos to the many stakeholders who have recognized the power of this process and sincerely worked hard to get statutory recognition for collaboration, dialogue, reconciliation and problem-solving. In this article, I hope to highlight some of the ways in which this proposed law […]
Mediation has been increasingly viewed as a critical, supplementary tool towards the quick, and meaningful resolution of legal disputes. On October 19, 2023, a workshop on “Advocacy in Mediation” was conducted for lawyers and legal academics at the NLS campus in Bengaluru. The event was organized by NLSIU, CAMP Arbitration & Mediation Practice Private Limited, […]
The earlier draft of the Mediation Bill, 2023 envisaged ‘pre-litigation mediation’ as mandatory. However, the recent enactment deleted the provision and introduced it as a voluntary provision, subject to the consent of both parties. This change was made, possibly because ‘voluntariness’ is a basic tenet in mediation, and anything ‘mandatory’ appears to be an oxymoron. Others argue that the […]
Online Dispute Resolution (ODR) has emerged as a promising alternative to traditional dispute resolution methods, such as litigation and arbitration. ODR leverages technology to resolve disputes efficiently and cost-effectively, making it a highly sought-after solution for individuals, businesses, and governments. Recognizing the potential of ODR in improving access to justice, India has taken significant strides […]
Introduction Out of all the existing Dispute Resolution Mechanisms, mediation provides the holistic approach. Mediation is need of the hour in India because of India’s human population and pending cases in Courts. So, in this blog we are going to see what all the upcoming trends in mediation which can be incorporated into the Mediation […]
There are various legislations in India that contemplate reference of disputes to mediation for settlement. These are – The Civil Procedure Court, The Companies Act, The Consumer Disputes Act, The Commercial Courts Act. Further, The Mediation Bill, 2021, currently placed before the Parliament will enhance the use of mediation in India. With regard to workplace […]
The Nari Adalat of Damodar Valley Mahila Mandal (DVMM), one of the oldest in Jharkhand, came up out of the need for women who wanted a platform to voice their grievances in a forum that gave a safe platform for them, devoid of the social inequities that continue to reflect in our panchayats and other […]
How was Mediation introduced in India? India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020. As part of the reforms to the justice system to better manage […]