MEDIATION- WHETHER THE NEED OF THE HOUR IN THE PRESENT INDIAN LEGAL SCENARIO
Keywords:
Mediation, , Legal provisions, Cases suitable, Success rateAbstract
This paper focusses on the scope of mediation as a mode of dispute resolution in the present Indian scenario. It endeavors to understand the need for mediation by first scrutinizing the stumbling blocks faced by the Indian judiciary because of which a common man has no access to expeditious and effective justice. It further gives a picture as to the indispensable accompanying features of mediation that would make it a competent mode of dispute resolution with an overview of the manifold nature of cases that are suitable for mediation. To understand the compatibility of mediation in the Indian context, the paper analyses how mediation has been popularly imbedded in the dispute resolution process in India since time immemorial. It also gives a portrayal of the Indian legal provisions governing mediation and how these provisions are supplemented by various judicial pronouncements so as to comprehend whether they efficiently give legal recognition and authority to mediation or not. The paper concludes with a critical appraisal of the role of mediation by analyzing all the blemishes and by putting forth the statistics of cases that have successfully been resolved through mediation in various Indian states.
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