Ms. Lamiya Jadliwala, GLS Law College, Ahmedabad
Mr Siddharth Tyagi, Assistant Professor, Faculty of Law, GLS University, Ahmedabad
ABSTRACT:
The Mediation Act 2023 represents a significant advancement in India's dispute resolution framework, aiming to promote mediation as an effective and accessible alternative to litigation. Historically, mediation in India lacked structured legislation, which limited its consistent use. The Act addresses this by establishing a time-bound and systematic approach to mediation, with provisions for online, community, and institutional mediation, as well as mechanisms to enforce mediated settlements. A key aspect of the Act is the establishment of the Mediation Council of India, which will regulate mediators and institutions to ensure adherence to set standards. The Act also reflects the evolving landscape of dispute resolution by emphasizing the role of Online Dispute Resolution (ODR), which saw rapid adoption during the COVID-19 pandemic. The inclusion of ODR in the Act, combined with measures to protect confidentiality and ensure procedural integrity, is a forward-looking response to modern technological advancements. Despite its promise, the Act’s success will depend on its implementation and the judiciary's ability to manage mandatory pre- litigation mediation effectively.
Keywords: Mediation Act 2023, Online Dispute Resolution (ODR), Confidentiality in Mediation, Alternative Dispute Resolution (ADR)
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