[Answered] Examine the role of gram nyayalayas in dispute resolution. Discuss the effectiveness of mediation as a dispute settlement mechanism in various conflict situations.

Gram Nyayalayas are mobile village courts in India established under Gram Nyayalayas Act, 2008  for speedy and easy access to justice system in the rural areas of India. They are aimed at providing inexpensive justice to people in rural areas at their doorsteps.

Role of gram nyayalaya in dispute resolution:

1. Gram Nyayalaya is a mobile court and exercises the powers of both Criminal and Civil Courts.
2. It can try criminal cases, civil suits, claims or disputes which are specified in the First Schedule andthe Second Schedule to the Gram Nyayalaya Act.
3. The Gram Nyayalaya are supposed to try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it can make use of the appointed conciliators.
4. The judgment and order passed by the Gram Nyayalaya are deemed to be a decree and to avoid delay in its execution, the Gram Nyayalaya can follow summary procedure for its execution.
5. The Gram Nyayalaya are not bound by the rules of evidence provided in the Indian Evidence Act, 1872 but are guided by the principles of natural justice and subject to any rule made by the High Court.
6. Gram Nyayalays aim to provide a cost-effective forum at the grass-root level for the poor living in villages to settle legal matters. These are established for speedy and easy access to justice system in the rural areas of India and are aimed at providing inexpensive justice to people in rural areas at their doorsteps, with emphasis on mediation as a major way to resolve the disputes.

Effectiveness of mediation as a dispute settlement mechanism:

1. Mediation is a form of dispute resolution that is actively encouraged by the courts as a way of settling disputes rather than going through formal court proceedings. Not only that, but mediation is also often preferred by clients due to the fact that it is a much more efficient form of dispute resolution.
2. Mediation saves resources and time for all parties involved as well as the judicial system. It is no wonder then, that it has become an ever more valuable dispute resolution tool.
3. No court rules or legal precedents are involved in mediation. The mediator does not impose a decision upon the parties. As opposed to adversarial forums, the mediator helps to maintain a business like approach to resolving a dispute. There are no fixed solutions in mediation. Parties can look to developing creative solutions to resolve matters and the solution rests with the parties themselves.
4. The mediation conference takes place in a private setting such as a conference room at any of the Arbitration Associations. Mediation is not a matter of public record. Its confidentiality is maintained.
5. Mediation generally lasts a day. Complex matters may require more time due to highly technical issue and/ or multiple parties. Without the formalities found in litigation, mediation usually results in substantial costs savings.
6. Parties have control over their participation in mediation. A party can decide to terminate their participation at any point in mediation. Mediators help parties maintain control over the negotiation that takes place.

Mediation is becoming increasingly popular as people begin to observe the benefits of settling outside of court. Participants of mediation often feel more empowered and in control of the outcome than in court. Even when the mediation does not end in a clear settlement, few participants would disagree that the mediation process leaves them with a better understanding of the dispute as a whole and the other party’s perspective, leading to more long-term gains and the re-establishment of healthy channels of communication between both parties. This is essential, particularly in corporate disputes in which parties wish to continue doing business with one another.