Mediation – The Need of the Hour in India

Tirtharaj Basu Ray
Jogesh Chandra Chaudhuri Law College, University Of Calcutta, India.

Volume III, Issue IV, 2020

The purpose of this article is to make people aware of the term ‘mediation’. Mediation is a process or mechanism that is used to settle disputes or conflicts among disputants without moving to court. It is a speedy and cost-effective mechanism. This journal has been divided into various segments. At first, it has been talked about the mediator, who is the most important person here, playing a vital role. It is with his help that disputes among disputants are resolved. The history of mediation takes us back to 530 CE in ancient Greece, where the village elders practiced mediation to resolve disputes among villagers. And today, the success rate of mediation is about 74%. India has also adopted mediation as a method of dispute resolution. The courts here recommend mediation to resolve the case. Mediation has several benefits like it is very economical, less time consuming, it is convenient for the parties, and many more. But as we all know, everything has its pros and cons. Mediation cannot be applied to every case. Only a certain category of cases can be resolved with this process. The process of mediation has been broadly classified into 4 types. And to mediate, a series of steps have to be followed. Over the years, this process has been modified to benefit the disputants securing dispute resolution. The latest research says that mediation has been rated highly due to its pros. This process is slowly becoming popular as it is a party-friendly tool to settle outside the court.


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