IS MANDATORY MEDIATION THE FUTURE OF DISPUTE RESOLUTION IN INDIA?

Best Citation – SUSMITA MANDAL, IS MANDATORY MEDIATION THE FUTURE OF DISPUTE RESOLUTION IN INDIA?, 2 IJLR 46, 2022.

Abstract

In this paper, we will explore the necessity of mandatory mediation to solve the issue of numerous suits pending in the courts which can easily be solved by the alternative dispute resolutions. We will specifically focus on the concept of the mediation process, prevailing issues in the extant legislative framework in India and how these issues can be resolved by the process of mandatory mediation. We will study the various advantages and disadvantages of making mediation compulsory in certain cases. Therefore, we will attempt to suggest the most suitable framework for mandatory mediation in India, after studying the existing structures in other States like the UK and the US. Finally, we will try to justify how far mandatory mediation can be regarded as the future of mediation in India.