Syllabus: GS2/ Governance
In News
- Speaking at the launch of the first national mediation conference organised by the Mediation Association of India (MIA), the President stressed on mediation to resolve disputes and lower the burden of courts across the country.
What is Mediation?
- Mediation is a voluntary, confidential, and non-adversarial process where a neutral third party helps disputing parties reach a mutually acceptable solution.
- It is one of the Alternative Dispute Resolution (ADR) mechanisms alongside arbitration, negotiation, and conciliation.
Judicial Backlog in India
- India’s judiciary is overburdened with a massive backlog of pending cases, causing delays in justice and eroding public trust.
- As of 2024, over 5.1 crore cases are pending across Indian courts. This includes approximately 71,000 cases in the Supreme Court, around 60 lakh cases in the High Courts, and nearly 4.5 crore cases in District and Subordinate Courts.
- Out of a sanctioned strength of nearly 25,000 judges, only about 20,000 are in position, indicating a vacancy rate of around 20%.
- India’s judge-to-population ratio stands at just 21 judges per million population, which is far below the Law Commission’s recommended ratio of 50 judges per million.
Importance of Mediation
- Reduces pendency: Frees up court dockets by resolving minor civil, matrimonial, and commercial cases early.
- Faster resolution: Most cases are settled within a few sittings.
- Cost-effective: Saves both court costs and lawyer fees.
- Preserves relationships: Especially useful in family and business disputes.
- Empowers parties: Solution is based on mutual agreement, not judicial imposition.
Legal Provisions and Institutional Support
- Legal Services Authorities Act, 1987: Establishes Lok Adalats which use mediation-like processes. Statutory backing for free legal aid and ADR.
- Section 89 of CPC (Civil Procedure Code), 1908: Mandates courts to refer disputes for ADR, including mediation.
- Mediation Act, 2023: Aims to institutionalize mediation in India.
- Key provisions: Mandatory pre-litigation mediation for civil and commercial cases.
- Establishment of a Mediation Council of India to institutionalize and regulate mediation across the country. A major function of MCI will be to oversee training, assessment, and certification of mediators.
- Key provisions: Mandatory pre-litigation mediation for civil and commercial cases.
Current Commercial Dispute Resolution in India
- Commercial Courts, set up under the 2015 Act, fast-track disputes above ₹3 lakh and promote pre-litigation mediation to ease court burden.
- Arbitration, governed by the 1996 Act (amended in 2015, 2019, 2021), offers binding decisions by neutral arbitrators. It can be ad hoc or institutional (e.g., Indian Council of Arbitration, IIAC).
- The Consumer Protection Act, 2019, emphasizes mediation as a swift, cost-effective, and amicable method for resolving consumer disputes.
- Internationally, India signed the Singapore Convention on Mediation.
Challenges
| Challenges | Description |
| Lack of awareness | Many people and lawyers are unaware of mediation’s benefits. |
| Resistance from legal professionals | Lawyers may prefer lengthy trials for financial reasons. |
| Inadequate training | Not enough trained mediators, especially in rural areas. |
| Low public trust | Preference for court judgments over negotiated settlements. |
| Global Best Practices – Singapore and Italy: Pre-litigation mediation is mandatory for many disputes. – UK and Australia: Well-funded public mediation centres with high success rates. – USA: Over 90% of civil disputes settled through ADR. Recent Government and Judicial Initiatives – e-Courts Mission Mode Project: Digitalization to reduce pendency. – Tele-law and Nyaya Bandhu schemes: Legal aid using tech platforms. – Supreme Court’s Mediation and Conciliation Project Committee (MCPC): Promotes mediation in all courts. – Fast Track Courts and Gram Nyayalayas: Additional dispute resolution mechanisms. |
Way Forward
- Strengthen legal framework: Ensure uniform implementation of the Mediation Act, 2023.
- Awareness campaigns: Promote mediation literacy among citizens.
- Capacity building: Train more mediators and accredit them under a national body.
- Judicial support: Encourage judges to refer more cases to mediation.
- Digital mediation platforms: Use of ODR (Online Dispute Resolution) for faster outcomes.
- Monitoring outcomes: Create databases to assess mediation success and backlog impact.
Source: TH
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