Mediation holds a prominent role in the judicial process, as underscored by the President at the recent National Judicial Conference on Mediation and Information Technology. By definition, mediation is a voluntary, binding process where an impartial and neutral mediator assists dispute parties to reach a settlement. It is commonly known for its efficiency and effectiveness in resolving disputes while contributing positively to interpersonal harmony.
The Functionality of Mediation
The process of mediation is structured and purpose-focused. A neutral person equipped with specialized communication and negotiation techniques facilitates the process. The main goal of mediation is to allow disputing parties to arrive at mutually acceptable agreements. This method has been tried and tested in various cities including Delhi, Ranchi, Jamshedpur, Nagpur, Chandigarh, and Aurangabad, all reporting great success.
Who can be a Mediator and What is their Role?
Becoming a mediator requires a 40-hour training session stipulated by the Mediation and Conciliation Project Committee of the Supreme Court (SC). Also, they need to have at least ten mediations that resulted in settlements and a minimum of 20 mediations overall to be accredited as a qualified mediator. They play several crucial roles in the mediation process, such as managing interaction between parties, facilitating communication, identifying interests, and developing terms of agreement.
Significance of Mediation in Dispute Resolution
Mediation stands out due to its quick response time, economic benefits, and harmonious settlements. It offers customized solutions and remedies within a confidential and informal setting. Parties involved have control over proceedings, and there’s no extra cost associated.
Challenges to the Process of Mediation
Despite its advantages, the mediation process faces certain challenges such as lack of codification, lack of awareness, infrastructural concerns, quality control issues, and inconsistency between existing laws on mediation. In order to tackle these hurdles, it is suggested that the practice of mediation should be professionalized in India.
Legal Provisions Related to Mediation
Mediation in India is primarily governed by two legislative acts: the Code of Civil Procedure (CPC) 1908, and the Arbitration and Conciliation Act of 1996 (ACA). Several other statutory provisions make mediation a compulsory prerequisite to filing a suit in court, including the Industrial Disputes Act of 1947, Companies Act of 2013, and the Real Estate (Regulation and Development) Act of 2016, among others.
Way Forward for Mediation
The Covid-19 pandemic has highlighted mediation as a critical means for dispute resolution. Yet challenges persist that limit its effectiveness. The current environment of having different mediation rules for various High Courts contributes to uncertainty in the process. To rectify these issues, it is proposed to pass the Mediation Bill 2021 with major inputs from all stakeholders. This will help in standardising the procedures involved in mediation while maintaining the autonomy of the parties engaging in mediation.
Last Modified: February 15, 2024