Mediation helps reduce India’s massive case backlog

Source: The post Mediation helps reduce India’s massive case backlog has been created, based on the article “Converting court case backlogs into treasure troves” published in “The Hindu” on 22nd February 2025.

UPSC Syllabus Topic: GS Paper2-Polity-Dispute Redressal Mechanisms and Institutions.

Context: The article discusses India’s massive judicial backlog and suggests mediation as a solution. Mediation is faster, cheaper, and helps resolve disputes amicably. It proposes identifying cases suited for mediation, assigning trained mediators, and encouraging wider adoption to ease the court’s burden.

For detailed information on Mediation Act 2023 read this article here

How serious is the backlog in India’s legal system?

The Indian legal system has a massive backlog of cases.

1. The Supreme Court has 82,000 cases pending.
2. The High Courts have over 62 lakh cases.
3. Lower courts have close to five crore cases.
4. Nearly 50 lakh cases have been pending for more than 10 years.
5. This backlog creates delays in justice, affecting millions of people.

What causes this backlog?

1. Low Judge-to-Population Ratio: India has 21 judges per million people, leading to case delays.
2. Adversarial Legal System: Multiple interim applications and appeals prolong litigation.
3. Government as a Major Litigant: The government is involved in nearly half of all disputes, increasing case numbers.
4. Infrastructure and Resource Shortages: Courts lack physical infrastructure, financial resources, and human capacity to manage cases.
5. High Litigation Culture: People approach courts for all types of disputes (e.g., with neighbors, suppliers, and government), increasing the burden.

How can mediation help solve this problem?

1. Efficiency: Mediation typically resolves cases faster than formal litigation, reducing the caseload.
2. Cost-effective: It is cheaper for all parties compared to the expenses of prolonged court cases.
3. Amicable solutions: Promotes mutual agreements, often preserving relationships better than adversarial outcomes.
4. Reduction in backlog: Can expediently process the millions of pending cases, especially the 50 lakh cases pending for over 10 years.
5. Adoption by the judiciary: Since 2005, mediation has been recognized and promoted by Indian courts as a viable solution for various disputes.

What needs to be done to make mediation successful?

1. Identify cases suitable for mediation – Courts should classify pending cases that mediators can handle.
2. Assign trained mediators – Cases should be given to experienced mediators, either chosen by parties or assigned.
3. Ensure reasonable fees – Mediators should be paid fairly to encourage professional participation.
4. Encourage businesses, government, and individuals – The government is a party in nearly half of all disputes, so reducing its litigation can ease backlog.
5. Promote mediation in courts – Judges already support mediation and should push for its wider adoption.
6. Highlight mediation’s benefits – It is cheaper, faster, and restores relationships compared to litigation.

What are the benefits of mediation?

1. Saves time (most cases need only a few sessions).
2. Reduces costs for both parties and the legal system.
3. Restores relationships by promoting fair settlements.
4. Less burden on courts, allowing judges to focus on serious cases.
5. Encourages a more efficient and accessible justice system.

For detailed information on Significance of Mediation for Dispute Resolution read this article here

Question for practice:

Examine how mediation can help reduce India’s judicial backlog and improve the efficiency of the legal system.