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.
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This article was originally published in The Daily Journal January 2010.An article by Daily Journal staff writer Laura Ernde quoted Thomas J. Stipanowich, professor at Pepperdine University School of Law...
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