Mediation is one method of Alternative Dispute Resolution (ADR) which is available to the parties. This type of ADR usually involves negotiation that is facilitated by a neutral third party. This process is kind of like the process of a trial, but it does not involve making of decision by the neutral third party. Mediation is voluntary process. This process is common in small claims and in courts like family court, housing court etc. there are various models of
mediation. Such as interest-based to evaluation model. Each model has the same basic feature characteristics.
There have been some legal developments that have affected the process of mediation in India. In 1988, the 129 th law commission report on Urban litigation and Mediation as alternative to adjudication, saw that the enormous amount of congestion in courts and unnecessary delays led to an explosion of cases in urban litigation. This law report pressed for the need to look outside the existing system for remedies and find alternative ways to dispute a resolution. The scope for mediation was given an impetus in the amendment of the CPC in the year 2002. Section 89 was introduced in this amendment and this provision
became a landmark step. However, this provision brought more problems than solution and the constitutional validity of this section was raised.
Mediation has been further given incentive in the recent years, and that has been through the inclusion of a provision in the companies act, 2013. This provision makes it compulsory for the central government to set up a panel for conciliation and mediation and that this panel must consist of experts who mediate disputes. The tribunals that fall under the company’s act can also refer a dispute to the mediation panel whenever it feels and deems appropriate.
In India, mediation has been introduced formally in the legal system in 2005. Mediation is most popular for solving cases related to matrimonial and family law disputes. Although there has been an introduction of mediation in the system, researches show that work needs to be done on its implementation.
