Abstract

Mediation as a process is the dialogue carried out by parties to a dispute to reach an amicable settlement to the same with assistance of a neutral third party. Along with arbitration and reconciliation, mediation has found an increasing importance in delivering solution in disputes in an effective and fast manner in comparison with the traditional adjudication process. The need for Alternate dispute resolving systems in India for relieving the Indian judicial system of unending litigation has been pondered a lot, as the quasi-judicial system formed to achieve the objective is overwhelmed. The mediation bill, 2021 thus can be considered to be another effort from the part of the legislature to deliver justice by institutionalizing the mediation process. A step in the right direction the bill aims to establish pre-mandatory mediation, mediation councils, community mediation, online mediation, mediation fund etc. Although an inspirational initiative, the said bill had some issues found on further analysis which was visibly marked by the parliamentary committee which did recommend various changes in the report it had submitted. Including these, a plethora of issues can be found in the bill that needs to be addressed such as the legality and reasoning of the pre-mandatory litigation, absence of provision for enforcing internationally mediated agreements, the constitution and independence of the mediation council among many. As there are many models of mediation based on different criteria and different frame works of mediation that has been implemented in many western nations successfully, our nation can look up to them for some light that can be shed upon on our own problems. The success stories of mediation includes the Italian one where there is a unitary and mandatory implementation of mediation and that of the Australian one where there is federal and liberal implementation of mediation, both reaping positive effects. The mediation bill, 2021 can undoubtedly become a game changer if it could be chiseled out more sharply by addressing the issues it is burdened by.

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