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Source-This post on Significance of Mediation for Dispute Resolution has been created based on the article “Adopting a transformative vision for mediation” published in “The Hindu” on 13 May 2024.
UPSC Syllabus-GS Paper-2- Dispute Redressal Mechanisms and Institutions.
Context-In the backdrop of judicial backlog and prolonged litigations, the present Chief Justice of India emphasized the need for mediation over litigation in April 2024.The article highlights the significance and barriers in the path to mediation.
What is the Mediation Act, 2023?
Aim– To promote alternative dispute resolution by formalizing mediation.
Definition-The Act provides a comprehensive definition of mediation, including pre-litigation, court-annexed, online, and community mediation.
Approach– Mediation should not replace established legal procedures like the Insolvency and Bankruptcy Code (IBC) but should be a synergistic approach.
What is the significance of mediation?
1) Mediation reorients the focus from adversarial confrontation to reconciling differences and healing relationships. This is in alignment with Mahatma Gandhi’s vision of lawyers as peacemakers.
2) Mediators foster a democratic space for open dialogue, allowing individuals to express emotions and grievances freely. This paves the way for mutual understanding and balance.
Read more- Alternative dispute resolution
What are the challenges?
1) Aspiring mediators are required to have 15 years of professional experience before practicing as mediators, which can hinder skill development.
2) Law students are trained to advocate strongly for their clients. This is in stark contrast with the mediator’s role of neutrality and impartiality.
3) There is a disconnect in legal education and practice, requiring professionals to “unlearn” mediation to practice advocacy and vice versa.
What should be the way forward?
1) Innovative training methods like co-mediation and shadow mediation should be incorporated under the Mediation Act, 2023, for young lawyers-
A) Co-mediation pairs novice mediators with experienced ones, facilitating a dynamic learning environment.
B) shadow mediation allows observation of mediation sessions by novices without direct involvement.
2) There is a need to integrate structured mediation training into law school curricula. This helps students develop essential skills for resolving disputes with empathy and efficiency.
3) Improving the Mediation Act, 2023, by adding practical training and integrating it into curricula will make it more than just a law. It will become a driving force for growth and innovation in dispute resolution throughout India.
Empowering the next generation of mediators with the necessary tools will foster a robust culture of mediation, ensuring a more harmonious, efficient, and just society.
Question for practice
How can mediation process help in reducing judicial backlogs? What are the barriers in the smooth implementation of the mediation process?
