Mediation For Speedy Legal Remedy: A Critical Study

Abhishek Kumar Ranjan, LLM, Chanakya National Law University, Patna

ABSTRACT

In the field of litigation, the speedy resolution of disputes is not only a fundamental principle, but also an urgent necessity. Since traditional litigation often involves lengthy hearings, paperwork and a significant investment of time, delays can hamper the administration of justice. In response to this problem, alternative dispute resolution mechanisms have proliferated and mediation has become a viable approach to ensure rapid resolution. This project is devoted to a critical examination of the role of mediation as an effective tool for the rapid resolution of conflicts within the legal framework.

An alternative to adversarial proceedings, mediation offers the parties the possibility of settling their differences together with the help of a neutral mediator. The essence of mediation lies in its ability to encourage open dialogue, encourage compromise and reach mutually acceptable solutions. This project aims to uncover the complexities of mediation by carefully examining its merits, challenges and potential to provide effective remedies.

Prompt justice is the cornerstone of any fair legal system. Overburdened cases and lengthy court proceedings typical of traditional court cases often discourage people from filing lawsuits, resulting in late proceedings and delays in judgment. Mediation, with its inherent emphasis on early resolution, offers another way to quickly resolve disputes, improve access to justice, and reduce the burden on the court system.

The aim of the article is to critically assess the usefulness of mediation as a mechanism for obtaining rapid corrective action. The collaborative nature of mediation encourages parties to engage in constructive discussions that lead to mutually acceptable solutions. This collaborative approach also allows the maintenance of the relationship, which is a significant advantage compared to adversarial litigation.