Mediation: an effective alternative dispute resolution mechanism

Anveksha Padhye
4th Year B.A, LL.B (Hons.),
Indore Institute of Law


Abstract

Our country’s judiciary has always been overburden and pendency in delivering judgments has one of the common problems from the very beginning. Every problem has an alternative solution, so to solution of the problem of litigation is an Alternative Dispute Resolution mechanism. An ALTERNATIVE DISPUTE RESOLUTION (ADR) mechanism is based on the UNCITRAL model of international commercial arbitration council. ALTERNATIVE DISPUTE RESOLUTION (ADR) mechanism used four procedures, which are different from litigation such as arbitration, conciliation, mediation and negotiation. This research work focuses on the mediation and its relevant aspects. Every ALTERNATIVE DISPUTE RESOLUTION (ADR) mechanism procedures having their own effectiveness and limitations but the research through this work tries to evaluate the effectiveness of mediation and its various aspects. Mediation is a non – binding process and the parties have ownership of the cases, it is a process where parties have to decide that they want to bind by this settlement or not. Mediation somehow differs from other mechanism for non- binding in nature and full ownership has in the hands of parties of the case. The nature of mediation process proves that this process have the social perspective and based on the combination of socio-legal principles. This research article contains the brief history behind mediation in India and how its work till date. The researcher tries to appraise the effectiveness of mediation and tries to find out basic principles on which mediation based. This research article focuses on the procedural part as well as conceptual clarity. The research mainly deals with socio-legal perspective of the mediation and how it contains both social and legal aspects combo. At the last researcher gave the conclusion on the whole research and her opinions.

Keywords: ADR, Alternative Dispute Resolution, Mediation, Indian Judiciary, Pending litigation.

Preferred Citation

Anveksha Padhye, Mediation: an effective alternative dispute resolution mechanism, The Lex-Warrier: Online Law Journal (2018) 7, pp. 338 – 345, ISSN (O): 2319-8338

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