Mandatory Mediation in India - Resolving to Resolve

Abstract

Issue: Mar-Apr 2021

This paper explores the concept of mandatory mediation as a solution for reducing pendency in the traditional court system. After discussing the concept of mediation and the existing regulatory framework governing it in India, this paper identifies the problems afflicting mediation in India. It proceeds to examine how many of these problems can be overcome by making mediation mandatory. It discusses the benefits of mandatory mediation and attempts to address some concerns surrounding it. To zero-in on the most appropriate model for introducing mandatory mediation India, this paper looks at how mandatory mediation has fared in other jurisdictions like the European Union, Australia, the United States and Italy. This paper finally recommends that India should introduce a modified version of the Italian opt-out model of mandatory mediation in the country in a phased manner.