Abstract

Mediation being an ADR mechanism, is a procedure for amicable resolution of cases with settlement elements. Quick Litigation, Low transaction costs, Flexibility, Preservation of Relationships, etc. are some of the attributes of Mediation creating it suitable a suitable platform for the resolution of conflicts related to consumer disputes. Due to growth of consumerism in recent times, Indian Legal System is constantly making efforts to embrace Mediation as a viable option to resolve consumer disputes. Frameworks are being instituted to make mediation more accessible to consumers, through the establishment of user-friendly mechanisms and the provision of information and support. The Consumer Protection Act, 2019 and the Mediation Act, 2023, in India, specifically provides for the procedure of mediation at District, State or National level through the Consumer Commission. Continued efforts to promote awareness, enhance accessibility and address implementation challenges is important to further vitalize the mediation role in safeguarding consumer rights and endorsing fair market operations. The disputes like product defects, service issues, contract disputes, pricing disputes, deceptive practices, etc. may be referred to mediation by the consumer commission or the parties themselves may choose mediation, with appointment of a qualified and impartial mediator facilitating the communication between the parties, helping them to understand each other’s perspectives and explore possible solutions. Despite legal recognition, awareness and utilization of mediation among consumers and businesses still vary and the challenges remain prevalent in effectively implementing mediation mechanisms within the existing consumer protection framework. A consistent supply of well-trained and experienced mediators is crucial for the successful implementation of mediation, ensuring fairness and addressing potential power imbalances between consumers and businesses. The researcher aims to analyse the role of mediation related frameworks in the adjudication of Consumer disputes.

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