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Mediation a Key Instrument to Realize the Vision of Viksit Bharat by 2047: President

Posted 05 May 2025

2 min read

President was speaking at First National Conference on Mediation in New Delhi, which also led to establishment of the 'Mediation Association of India'.

  • Mediation Association of India will help institutionalize and promote mediation as a preferred, organized, and accessible way to resolve disputes.

About Mediation

  • It is one of the alternate dispute resolution mechanisms along with Arbitration and Conciliation.
  • Between 2016 and early 2025, a staggering 7, 57,173 cases were settled using mediation.

Difference between Mediation, Arbitration and Conciliation

Aspect

Mediation

Arbitration

Conciliation

Nature

Voluntary and informal

Formal and legally binding

Voluntary and informal

Role of Third Party

Mediator(Neutral third party) facilitates dialogue; does not impose a decision

Arbitrator (Neutral third party) acts like a judge; gives a binding decision

Conciliator (Neutral third party) suggests solutions; may propose a settlement

Binding Decision

No

Yes

No

Enforceability

Not enforceable unless turned into a contract

Legally binding and enforceable

Not enforceable unless agreed upon

Significance of Mediation

  • Reduces Judicial Burden: India Justice Report (IJR) 2025 pointed that the number of pending cases in the judiciary has crossed the five-crore mark.
  • Cheap and Speedy Justice Delivery: Saves substantial legal fees, court costs, and the time involved in a protracted legal battle.
  • Co-operative Problem Solving: Neutrality of third party as an impartial facilitator assists communication and negotiation without taking sides.

Steps taken for promoting mediation in India

  • Mediation Act, 2023: Establishes a consolidated, institutional legal framework.
  • Commercial Courts Act, 2015: Amended in 2018 to provide inter-alia for Pre-Institution Mediation and Settlement (PIMS) mechanism.
  • Consumer Protection Act of 2019: Encourages mediation as a quick, easy, and affordable way to settle consumer disputes.
  • Singapore Convention on Mediation: India is a signatory.
  • Tags :
  • Mediation
  • National Conference on Mediation
  • Mediation Association of India
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