EFFECTIVE IMPLEMENTATION OF MEDIATION IN INDIA
Over the past few year’s mediation has been acknowledged as one of the fastest-growing alternative dispute resolution mechanisms in order to resolve the dispute among the parties globally. This process of dispute resolution helps parties to reconsider the rights and the personal association between them and come up with the best way to resolve the matter. One of the advantages of resolving disputes through the mediation process is that it helps in maintaining cordial terms with the parties to the dispute. The conventional way of dispute resolution that is court proceedings are formal in nature and is complex as compared to the mediation process. Mediation is an affinitive and a relative process. In the past years, it has proven to be the fastest, effective, and commercial process when compared to the other dispute resolution processes.
There is an immediate need for unified legislation that is exclusively taking care of the mediation process in India. Many countries have mediation statutes that govern the mediation process of their territory such as Singapore, Malaysia, Ireland, etc. The Singapore International Arbitration Centre along with the Singapore International Mediation formed the SIMC Arb-Med-Arb protocol in order to manage disputes of commercial contracts according to the Arb-Med-Arb.
There are two options for the parties in order to opt for the mediation process. One is the court-annexed mediation process and the other one is the private institution mediation which has a very lack of recognition and usually not preferred by the people for settling their disputes. There is an urgent need for fast progression in the mediation mechanism in India. In order to overcome the objective of the transformation of the mediation process in India, we need to have a relative recognition of this process of alternation dispute resolution by the legal system of our country that is by the legislature and the judiciary of the nation.
The function of the judiciary is the adjudication of the disputes between the parties and help them achieving justice. But it is believed and proved that mediation is a quick and appropriate process for the resolution of disputes between the parties. There are various steps taken up by the government in order to promote the mechanism of mediation as an alternative to dispute resolution are:
- There have been steps taken in order to have easy access to the mediation process for the general public and awareness of this process in the general public.
- Various statutes have been formed and came into action in India and are now signatory with the UNCISA.
- There have been various measures taken for the improvement in infrastructure and a comfortable platform for the parties to resolve disputes amongst them with the help of mediators.
- The government is providing extra incentive and appreciation to the legal professions who help in creating awareness of the alternative mediation mechanism.
- The law colleges and institutes must include the theoretical as well as the practical aspect of the mediation in their curriculum for the upcoming youth lawyers.
- Various awareness programs and drives should be conducted in order to prove the people that it is efficient as well as an effective process at various levels such as national and district levels.
- There is a dire need to frame an administrative structure for encouraging certainty and guaranteeing the ethical and morals are still being practiced in the process of mediation.