Formulating a Model Legislative Framework for Mediation in India
Rashika Narain & Abhinav Sankaranarayanan*
Volume 11 Issue 1 (2018)
The Indian judicial system has often been criticised for high rates of pendency, inefficient functioning, and adoption of an archaic approach to dispute resolution. The need to establish alternate pathways of dispute resolution has been emphasised on numerous occasions by the Law Commission of India as well as acclaimed scholars. Mediation has been identified by legal practitioners as a suitable technique for resolving a variety of disputes. However, such an alternate form of dispute resolution is yet to gain popularity in India, with the lack of legislative sanction being cited as a key reason for its underdevelopment. This paper seeks to understand mediation as an alternate dispute resolution technique and explores reasons regarding why mediation will prove to be a suitable pathway for litigants in India to resolve disputes in an amicable and inexpensive manner. Additionally, this paper discusses the different forms of mediation regulation across jurisdictions and argues that the creation of a national legislative framework would be the ideal next step in India.