MEDIATION IN INDIA: A DOCTRINAL OVERVIEW OF JUDICIAL AND STATUTORY DEVELOPMENTS
AUTHOR – PRATIKSHA AGARWAL,ADVOCATE, PUNE
LL.M. STUDENT AT DES NAVALMAL FIRODIA COLLEGE OF LAW, PUNE
BEST CITATION – PRATIKSHA AGARWAL, MEDIATION IN INDIA: A DOCTRINAL OVERVIEW OF JUDICIAL AND STATUTORY DEVELOPMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 145-150, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Mediation has emerged as a structured and legally recognised component of the alternative dispute resolution framework in India, reflecting a gradual shift towards consensual and participatory modes of dispute resolution. Judicial encouragement, procedural reforms, and legislative intervention have collectively contributed to the institutionalisation of mediation within the Indian legal system. Over time, Indian courts have played a significant role in promoting mediation by interpreting statutory provisions, encouraging settlement of disputes involving private rights, and facilitating the establishment of court-annexed mediation mechanisms.
This article undertakes a doctrinal examination of mediation in India by analysing its conceptual foundations, judicial evolution through Supreme Court jurisprudence, and statutory recognition under the Mediation Act, 2023. The study traces the development of mediation from its initial judicial endorsement under Section 89 of the Code of Civil Procedure, 1908, to its consolidation as a comprehensive statutory framework governing mediation proceedings and mediated settlement agreements. Particular emphasis is placed on the role of the Supreme Court in clarifying the scope, applicability, and procedural contours of mediation across various categories of disputes.
Adopting a descriptive doctrinal methodology, the article relies on statutory provisions, authoritative judicial pronouncements, and relevant scholarly literature to present a consolidated understanding of mediation as a legally recognised dispute resolution mechanism in India. The article refrains from normative or critical evaluation and instead focuses on outlining the evolution, scope, and legal framework governing mediation, highlighting its position within the broader ADR landscape and its role in supplementing the formal justice delivery system.
KeywordsAlternative Dispute Resolution; Mediation; Mediation Act, 2023; Section 89 CPC; Court-Annexed Mediation; Indian Judiciary