Find Mediators Near You:

Why India’s Mediation Act 2023 is a great leap forward

Why India’s Mediation Act 2023 is a great leap forward

Given India’s huge pendency of cases, mediation accords an opportunity to solve disputes before they become tangled in courtroom procedures, backlogs and systemic overheads. The delays affect both the individual and the state. Making mediation compulsory in all civil and commercial cases is the way to go.

With a pendency of approximately 4,40,81,975 cases in the country – 87.4 percent in the District Courts, and 12.4 percent in the high courts, the Indian judicial system has been searching for a viable Alternative Dispute Resolution (ADR) mechanism. An ADR mechanism tries to solve legal disputes, but outside of the court system.

In 1996, Parliament enacted the Arbitration and Conciliation Act. While reframing the law on arbitration, this Act introduced “conciliation” as another alternative means to solve legal disputes. But in order to ensure ease of doing business in India, the Parliament has recently enacted the Mediation Act, 2023. With its enactment, the ADR system has been strengthened. It is a leap forward.

Read the complete article here.

 

Featured Members

ad
View all

Read these next

Category

Mediators on a Mission

Reprinted from The Pennsylvania Lawyer, September/October 2008Louis Kushner has done an extensive amount of traveling. From China to Poland to the top of Mount Kilimanjaro, Kushner has seen and experienced...

By Anne Parys
Category

Satisfying Our Clients’ Emotional Due Process Needs

Dispute Settlement Counselby Michael Zeytoonian. Emotional due process. What is that, exactly? This notion – emotional due process – jumped out at me when I recently came across it in...

By Michael A. Zeytoonian
Category

A Further Update to Mediation Confidentiality in California

From Phyllis Pollack's BlogSeveral weeks ago, I posted a blog about the proposals voted on by the California Law Revision Commission to make certain changes to mediation confidentiality in California....

By Phyllis Pollack
×