Mediation- A Preferred Method to Resolve

Vidhi Sharma
Vidyasagar University, Midnapore
West Bengal, India

Volume I, Issue V, 2018

The Indian judiciary system is often looked down upon due to the various problems which come hand in hand with it, such as inefficiency in administration, long backlogs of cases, there has been an urgent need for finding of an alternative way to help track these problems as often suggested by Judges[1], lawyers, scholars[2]. The use of mediation has been seen as an effective tool to resolve disputes in marriages for a long period. Divorce mediation has attracted the attention of the society at large has its features have helped to strengthen the justice system. The divorce mediation has not only helped to bring the parties to negotiate their terms but often seen as a way to negotiate their terms of relationship. The basic reason why mediation is prepared is because it helps to resolve problems and disputes effectively and efficiently with the parties actually being the rule makers.  Mediation helps to make the parties a little rationale and responsible and cooperative towards compromises and acceptance.

In the paper, mediation as an alternative to the judiciary system has been discussed, focusing on its principles, reasons to prefer mediation, and the roadway to success as well as suggestions for better implementation of the method in the long run.


[1]K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226 

[2] Hiram E. Chodosh, Mediating Mediation in India, available at: 


 Download Full Paper