Abstract

An increase in cross-border trade and investments due to globalization over the years has not only accelerated cross-border disputes but has also driven every nation to lay emphasis on building robust conflict resolution systems that can effectively resolve varied issues and encourage good relationships. Therefore, in light of this ongoing economic expansion not only at a national level, but also globally, mediation has emerged as the most viable and preferred option for resolving international commercial disputes arising in the course of international trade. Talking about India, wherein this practice of mediation roots back to ancient Indian jurisprudence and the concept of Dharma, has got formally incorporated into various Indian legislations, including recently enacted Mediation Act 2023, which is a standalone Act to streamline and formalize mediation practice in India laying out a comprehensive framework for its conduct and enforcement resonating with India's rich cultural heritage. Further, the incorporation of standalone courses on mediation in legal education covering theoretical and practical aspects have not only made it a highly sought career opportunity amongst law students and legal professionals, but has also promoted to a greater extent, the culture of mediation in India. Therefore, this research paper, while tracing the historical background of Mediation, analyses its changing contours resulting into integration of this traditional practice with formal legal frameworks, especially under the ‘Mediation Act, 2023’ as well as it’s becoming a part of legal education. While this integration introduces several progressive reforms, but at the same time, it also raises notable concerns which undoubtedly have the potential to hinder its practical application. Therefore, the research paper identifies those challenges as well. Further, with a vision to optimize the efficacy of this indigenous practice under the Mediation Act as well as part of curriculum, the research paper also suggests ways forward so that Mediation emerge as a cornerstone for culturally sensitive and robust legal framework for conflict resolution and establishment of harmonious and inclusive society.

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