MEDIATION: EXTRA JUDICIAL SETTLEMENT OF DISPUTES

Abstract

Article 21 of the Constitution of India enshrined that no person shall be deprived of his life or his personal liberty except according to procedure established by law. Therefore, the Supreme Court of India in Hussainara Khatoon (1) v. Home Secretary, State of Bihar rightly held the right to speedy trial as a part of right to life and personal liberty as guaranteed in article 21 of Constitution.  Alternative Disputes resolution, as the name suggest, is an alternative to the traditional process of dispute resolution through courts. It refers to a set of practice and techniques to resolve disputes outside the Courts. It is mostly a non-judicial means or procedure for the settlement of disputes. There exist number of mechanism of resolving disputes outside the court; however, the choice of alternative dispute resolution mechanism to some extent depends upon the nature of the dispute and the relation of the parties inter se.  Alternative Dispute Resolution was conceived of as a dispute resolution mechanism outside the courts of law established by the Sovereign or the State. In this sense, it included arbitration, as also conciliation, mediation and all other forms of dispute resolution outside the courts of law, which would all fall within the ambit of ADR.  

According to Black’s Law Dictionary mediation is a method of non-binding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution. Mediation is a method of dispute resolution wherein a neutral person known as mediator brings the people who have a dispute, together and makes them to talk to each other. However, he makes no binding decisions on the contrary the parties to the dispute themselves ultimately determine whether the process results in a resolution of the dispute. The role of the mediator limited to help the disputing parties communicate with each other in the hope that they can find a 

way to work out their disagreements and differences. Mediation has been defined as a private, informal dispute resolution process in which a neutral third person, the mediator, helps disputing parties to reach an agreement.