THE ADR WAVE IN INDIA WITH SPECIAL EMPHASIS ON THE MEDIATION ACT, 2023 – GROWTH TOWARDS AN EFFICIENT LEGAL SYSTEM
AUTHOR – DEEKSHA JHA, LLM SCHOLAR AT UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY
BEST CITATION – DEEKSHA JHA, THE ADR WAVE IN INDIA WITH SPECIAL EMPHASIS ON THE MEDIATION ACT, 2023 – GROWTH TOWARDS AN EFFICIENT LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 923-991, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
The Indian legal system has long been burdened with a backlog of cases, necessitating the adoption of alternative dispute resolution (ADR) mechanisms to facilitate quicker and more cost-effective justice delivery. Over the years, ADR has evolved significantly, with arbitration, conciliation, mediation, and Lok Adalats playing a crucial role in reducing litigation pressure. Among these mechanisms, mediation has emerged as a preferred mode of dispute resolution, leading to the enactment of the Mediation Act, 2023, a landmark legislation aimed at institutionalizing and strengthening mediation in India.
Enacted on 14th September 2023, the Mediation Act is expected to enhance India’s position as an ADR-friendly jurisdiction globally by providing a robust legal framework for mediation. While mediation has traditionally been an informal dispute resolution mechanism since the inception of Gram Panchayats, where community mediators played a role in resolving conflicts, this legislation marks a significant step forward in the institutionalization of mediation. Unlike earlier legal provisions that merely included mediation as a subset of ADR, the Mediation Act, 2023, elevates it to an independent and parallel status alongside the Arbitration and Conciliation Act, 1996, thus reinforcing its importance in the Indian legal landscape.
This dissertation provides a comprehensive analysis of the ADR wave in India, with a special emphasis on the Mediation Act, 2023. It traces the historical evolution of ADR, examines the legislative framework, and evaluates the effectiveness of mediation in reducing judicial pendency. The research also highlights key landmark judgments, including Salem Advocate Bar Association v. Union of India (2005)[1] and Vidya Drolia v. Durga Trading Corporation (2020)[2], that have shaped ADR jurisprudence in India.
A critical assessment of the Mediation Act, 2023, is undertaken, focusing on its salient features, such as mandatory pre-litigation mediation, online mediation, and community mediation. A unique feature of this act is the provision for urgent interim relief under special circumstances by a tribunal or court, ensuring that parties are not left without immediate recourse when required. Additionally, while mediated settlement agreements hold legal enforceability, they are open to challenge on grounds of fraud, coercion, impersonation, or non-compliance with Section 6 of the Act.
Furthermore, a comparative analysis of India’s ADR framework with international models—such as Singapore’s Mediation Act, 2017, and the United States’ court-annexed mediation system—offers insights into best practices that could enhance India’s mediation landscape. The dissertation concludes with policy recommendations, emphasizing the need for greater awareness, mediator training programs, technological integration (Online Dispute Resolution), and institutional reforms to establish mediation as a primary mode of dispute resolution.
By evaluating the potential of the Mediation Act, 2023, this research underscores the growing significance of ADR in achieving an efficient, accessible, and time-sensitive legal system in India. The findings aim to contribute to ongoing discussions on legal reforms and dispute resolution mechanisms, advocating for a robust mediation culture that aligns with global best practices.
[1] Salem Advocate Bar Assn. V. Union Of India, (2005) 6 SCC 344
[2] Vidya Drolia V. Durga Trading Corporation (2021) 2 SCC 1