Justice Delivery System and Mediation: An Inseparable Link

  • A. Beryl Sugirtham
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  • A. Beryl Sugirtham

    Student at Kristu Jayanti College of Law, India

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The Justice delivery system is the process by which the legal system of government is executed to administer justice. There is a high demand for justice in our country even though we have a hierarchy of courts with each court being unique and different. However, an alternative dispute resolution system is vital for a cheaper and speedier form of justice. Mediation is known for its effectiveness and is highly encouraged by the courts. One of the parameters to fathom the success of the justice delivery system in our country is to ascertain how quickly and efficiently the dispute can be settled. With the increasing number of pending cases, the mediation process has come in handy by removing the burden on the three-tier justice delivery system. It also has cascading effects of bringing an end to bad blood between the parties and making them useful members of Society. This paper analyses how mediation can be used as an effective method to resolve disputes and lessen the burden of pending ligation cases on the courts. It also focuses on practical strategies for resolving conflict. My research emphasizes the importance of an unbiased third party as the mediator and the procedure for such an appointment and how it contributes to a successful mediation. Section 89 read with Order X Rule 1A to 1C of the CPC, which has a sound object, would highlight that justice delivery and mediation are inseparably linked. This paper studies the types of mediation models and the development of an indigenous model that would be suitable for our social and economic conditions. The paper establishes the relevance of mediation and how it can make our justice system more effective and efficient. Recommendations on how mediation can be more effective and serve its purpose to the fullest. A study of various cases of mediation in the past, present and future. An assessment of the various initiatives taken by the government to promote mediation including the understanding of various mediation bills across the country. How mediation is used as a tool around the world and what we can learn from other countries and how we can implement the best. Mediation is more party friendly and not as time-consuming as the courts, and also a win-win situation. Thus, it is necessarily a process of negotiation by which the participant together with the assistance of a neutral person attempts to resolve the dispute.



Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1276 - 1289

DOI: https://doij.org/10.10000/IJLMH.117597

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