Role of Mediation in India: Indian Legal System
mediation in indiaROLE OF MEDIATION IN INDIA
NAME- ANAND KUMAR SINHA CLASS- BBALLB, SEC-C 1ST YEAR ROLL NO: 272
WHAT IS MEDIATION?
Mediation is a form of intervention involving a process in which a third party (mediator) assist parties to a dispute to negotiate over the issue that divides them. It is a major form of Alternate Dispute Resolution(ADR) and is informal.
BACKGROUND
Mediation is a very old member of the Indian legal system . Traditional mediation continues to be utilized even today in villages which is actually being practiced from the pre-British India. It was very popular among rich businessmen called mahajans and at the panchayat level. But till date, Indian lawyers and judges are still warily examining mediation, discussing whether and in which types of cases mediation should be used whereas in countries like U.S, over the last 20 years, American lawyers and judges have warmly embraced mediation as a primary tool for resolving conflicts in court and out of court.
It has always been a very flexible process because in mediation the parties are encouraged to participate directly in the process. The expanded framework of discussion in mediation consists of both the applicable law and the underlying interests of the parties. Here the mediators don’t have to be lawyers mandatorily but they should a very sound knowledge of the problem.
Mediation is no magic solution but it definitely builds and diversifies the capacity to resolve conflicts within society.
WHY MEDIATION IN INDIA?
The Indian courts will need 300 more years, working at the current pace, to clear off the backlogs of cases that exists today. This
NAME- ANAND KUMAR SINHA CLASS- BBALLB, SEC-C 1ST YEAR ROLL NO: 272
WHAT IS MEDIATION?
Mediation is a form of intervention involving a process in which a third party (mediator) assist parties to a dispute to negotiate over the issue that divides them. It is a major form of Alternate Dispute Resolution(ADR) and is informal.
BACKGROUND
Mediation is a very old member of the Indian legal system . Traditional mediation continues to be utilized even today in villages which is actually being practiced from the pre-British India. It was very popular among rich businessmen called mahajans and at the panchayat level. But till date, Indian lawyers and judges are still warily examining mediation, discussing whether and in which types of cases mediation should be used whereas in countries like U.S, over the last 20 years, American lawyers and judges have warmly embraced mediation as a primary tool for resolving conflicts in court and out of court.
It has always been a very flexible process because in mediation the parties are encouraged to participate directly in the process. The expanded framework of discussion in mediation consists of both the applicable law and the underlying interests of the parties. Here the mediators don’t have to be lawyers mandatorily but they should a very sound knowledge of the problem.
Mediation is no magic solution but it definitely builds and diversifies the capacity to resolve conflicts within society.
WHY MEDIATION IN INDIA?
The Indian courts will need 300 more years, working at the current pace, to clear off the backlogs of cases that exists today. This