Legal Perspectives On Mediation In India: Historical Relations And Evolution

Vedansh Singhal, Vivekananda Institute of Professional Studies, GGSIP University, New Delhi

ABSTRACT

In essence, there is no human being in the world who has led a life without any form of conflict.1 When this conflict transcends, our minds usually look towards the perspective of attorneys and courts for dispute resolution, which is true. However, there are many other ways to seek dispute resolution in a lesser time and effort frame that falls under the resonant mechanisms of ADR, particularly in civil cases.2 One such mechanism under ADR is mediation. The pervasive support for dispute resolution out of court has ensured mechanisms such as mediation are in practice. Mahatma Gandhi, Abraham Lincoln, and Nani Palkhiwala have derived satisfaction and glory in always settling disputes out of court, reconciling the parties alienated through disputes, and averting litigations.3 Article explains the concepts like mediation, the role of a mediator, the historical significance of mediation, legal framework, and judgments, etc.