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Mediation: Future of India

Mediation is one of the method of Alternative dispute resolution methods where a third party who is impartial and neutral helps the disputing parties in resolving their conflicts by specialised mediation techniques.The roots of medaition can be traced way to the ancient time where the system of "gram panchayat" prevailed. After lots of struggle, Parliament of India passed an act know we Arbitration and Conciliation in the year,1996 and it was 1st statute which introduce process of meditation in the Indian legal system. Section 30(1) of the act encourage the parties for the mediation: It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and with the agreement between the parties,the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement.

Afcons Infrastructure Ltd vs Cherian Varkey construction Ltd (2010): Supreme court observed that all cases relating to trade,commerce,contracts, consumers disputes and even tortious liability could normally be mediated.                                              *BS Krishnamurthy vs BS Nagaraj(2013): It is the duty of the Family court under section 9 of the Family court act 1984 to settle the matrimonial disputes via mediation in matter concerning:maintenace, child custody, divorce and etc.           *MR Krishnamurthy vs New India assurance co Ltd (2019): while considering a pleasure seeking reform in Motor vehicle act,claims system asked the government to consider the feasibility of enacting an Indian mediation act.

An efficient judiciary is the hallmark of a great nation.1st mediation training session was conducted in Ahmedabad in the year of 2000 by Institute for the study and development of legal system (ISDLS). Mediation had attained the statutory place under various Indian laws and recognised by Indian courts in its various Judicial pronouncements.Section 89 of CPC, Industrial dispute act,1947,Company act 2013,Insolvency and bankruptcy act 2016,Commerical courts act,2015.

Every year around 1,50,000 peolpe died in road accidents which give to phenomenal jump in claim cases. There is need of mediation for resolution in motor claim and there should be proper statute an "Indian mediation act" which should describe the proper process for the mediation in all types of cases,because the mediation and conciliation rules,2004 are inadequate framed and do not cover the entire mediation process. The reference of the highly sensitive "Ayodhya dispute" to mediation has brought the mediation process to the attention of the general public.

India currently faces a lack of not merely a dedicated mediation statute,but also mediation focused institution with trained professionals as well as Public awareness on the meaning and significance of mediation process. Judiciary should adopt new tools and technology that will speed up process and mitigate delays.

  • Introduction
  • Important case law
  • Conclusion

BY : Amrisha Jain

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