Mandatory pre-litigation mediation: A missed opportunity in the Mediation Bill, 2023?
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 […]
Harnessing Technology for Dispute Resolution: A critical assessment of India’s ODR Policy 2021
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 […]