MEDIATION – AN ALTERNATE-TO-ALTERNATE DISPUTE RESOLUTION

As of May 2022, there were approximately 4.7 crore cases still pending in courts at all levels of the legal system. 87.4% of them are still pending in lower courts. This pendency can be decreased by strengthening alternate dispute resolution and online dispute resolution in India.

CJI N V Ramana while speaking at the India-Singapore Mediation Summit in July 2021 has said that mediation should be made mandatory as the first step in dispute resolution and that a law should be framed in this regard.

Mediation is a form of alternative dispute resolution (ADR). It is a way of resolving conflicts where two or more parties decide to reach an agreement with the support of a third, neutral party that guides them through the process.

Mediation is quick and responsive, economical, and harmonious settlement of disputes and it creates solutions and remedies for problems.

The Covid-19 pandemic has increased the prominence of mediation as a means for dispute resolution. The plethora of cases initiated by the pandemic warrants a swift and effective redressal and mediation can be the perfect solution.

However, there are a lot of challenges that restrict the effectiveness of mediation. The existing framework of having different mediation rules for different High Courts has further contributed to the element of uncertainty in the mediation process.

Thus, the most important step towards recognizing mediation as an effective tool for resolution would be to enact a statute solely for mediation. Mediation Bill, 2021 should be passed with all necessary inputs from all the stakeholders as soon as possible. The statute should strive towards addressing the concerns of enforcement and quality control.

However, care and precaution should be taken to ensure that the legislation does not intrude into the autonomy of the parties engaging in mediation.