Mediation Emerges as a Key Tool to Reduce Court Backlogs
Not every legal dispute needs a full trial. Mediation provides a powerful alternative. Many experts believe now is the ideal time to push for its widespread adoption in India. This method can significantly cut down on litigation, offering a more efficient path to justice.
Recent Developments Fuel Mediation Momentum
Mediation is not a new concept. However, recent events have given it fresh momentum. The Mediation Act of 2023 stands as a landmark law promoting dispute settlement. Chief Justice of India has also stressed mediation's importance. Campaigns like "Mediation for the Nation" further advocate for this approach.
Section 89 of the Code of Civil Procedure already supports alternative dispute resolution. Many contracts now include arbitration clauses. These steps show a growing shift towards out-of-court solutions.
Why Mediation Works Better Than Litigation
Litigation often proves expensive, time-consuming, and stressful. Mediation, in contrast, saves money and time. It handles civil and family disputes particularly well. The process remains informal, free from strict legal rules and procedures.
Good mediators play a crucial role. They understand conflicts deeply and help parties find common ground. Sometimes, a simple apology can resolve issues. Mediation allows for creative solutions beyond what courts can offer.
Learning from Global Practices
Countries like the United Kingdom use Pre-Action Conduct and Protocols. These require exploring alternative dispute resolution before starting litigation. India can adopt similar frameworks to encourage mediation early on.
Many disputes settle through mediation even after litigation begins. This shows its effectiveness across various stages.
Steps to Strengthen Mediation in India
To harness mediation's full potential, India must take concrete actions:
- Make institutional mediation a core part of pre-litigation protocols.
- Provide holistic training, starting from law schools.
- Scale up infrastructure with proper facilities for engaging sessions.
- Establish clear guidelines to mandate mediation in suitable cases.
Balancing informality with structure is challenging but possible. Setting clear questions, costs, and timelines helps. This ensures mediation becomes a first step with a defined mandate.
Lawyers' Role in Mediation
Lawyers are trained to assess cases objectively and advocate for clients. These skills translate well into mediation. Here, they channel persuasion differently, focusing on mutual agreement rather than adversarial wins.
Mediation differs from traditional legal systems. It is not adversarial. The process centers on understanding narratives and offering reality checks.
The Path Forward for Mediation
With its history and recent pushes, mediation stands ready to meet India's justice challenges. Structuring it as an attractive, feasible alternative to litigation is key. This golden period offers a chance to minimize court burdens and deliver timely resolutions.
The writer is a Delhi-based Advocate and a Door Tenant in London.
