Mediation is a process used to resolve disputes where a neutral third

party, known as the mediator, helps the people involved in a con ict
come to an agreement. It’s important to note that mediation is a
voluntary, non-binding, and informal way to settle disagreements. This
means that people choose to participate willingly, and the mediator
doesn’t have the power to impose a solution on them. Instead, they
guide the conversation to help both sides nd a solution that works for
them.

Key Aspects of Mediation / Fundamental Elements

1. Voluntary Nature: Mediation is completely voluntary. Parties

cannot be forced to participate, and they can leave the process
whenever they choose.
2. Neutral Mediator: The mediator has to be a neutral person
who is accepted by everyone involved. Their role is to help guide the
process without taking sides.
3. Focus on the Process: The mediator manages how the
discussion unfolds but doesn’t control the actual content or solutions.
This is left up to the parties themselves. The mediator’s job is to help
keep the conversation on track.
4. Impartiality: The mediator has to be impartial, meaning they
don’t push for any speci c outcome or bene t personally from the
con ict’s resolution. They are there only to help the parties resolve their
con ict.
5. Self-determined Solutions: The people involved in the
con ict are the ones who ultimately decide on the solutions. The
mediator might suggest ideas, but they do not have the nal say.
6. Interest-based Approach: Mediation is centered on the
interests of the parties, aiming to address the underlying issues that
matter to them. Instead of deciding who is “right” or “wrong,” the goal
is to nd a solution that addresses everyone’s needs.

Di erence Between Mediation and Conciliation

Although mediation and conciliation are often used interchangeably,

there’s a subtle di erence. Conciliation is less structured and more
proactive, with the conciliator often playing a more direct role in
proposing solutions. Mediation, on the other hand, is more structured,
and the mediator acts as a guide without pushing the parties towards
speci c outcomes.
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Advantages of Mediation

1. Cost-E ective: Mediation is generally less expensive than

going to court or arbitration because it doesn’t require lengthy trials or
expert witnesses. Mediation sessions typically take only a few hours or
days, reducing expenses.
2. Faster Resolution: The mediation process is usually quicker
than formal legal procedures. Parties can schedule mediation early in a
dispute, which means they don’t have to wait months or years for a
court date.
3. Flexibility in Solutions: In mediation, the solutions aren’t
limited by strict legal rules. The parties and mediator can work together
to develop creative solutions that speci cally t the situation.
4. Doesn’t Block Other Options: If mediation doesn’t work, the
parties can still go to court or use other methods to resolve their
dispute. Mediation doesn’t prevent them from pursuing other options.
5. Control Over Outcome: Since the mediator doesn’t have the
power to decide the outcome, the parties remain in control of the result.
There’s no risk of a complete loss, as can happen in court, because
they don’t hand over decision-making power to a judge.

How Mediation is Used in India

In India, mediation has gained recognition as a valuable way to resolve

disputes. In 1999, the Indian government amended Section 89 of the
Civil Procedure Code (CPC) to formally introduce mediation as a
method of dispute resolution. Courts are now required to consider
mediation before moving forward with a trial, meaning that if a dispute
can be settled through mediation or other forms of alternative dispute
resolution, it should be tried before resorting to litigation. This shift was
inspired by recommendations from the Law Commission of India and
the Malimath Committee, who emphasized the need for quicker, less
formal con ict resolution methods.

Fields Where Mediation is Commonly Used

Mediation is a versatile process used in many areas:

• Business Disputes: Con icts in commercial or corporate

matters, like contract disputes or breaches of duty.
• Family and Divorce: Issues between family members or
separating couples.
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 • Labor and Industrial Disputes: Con icts between employers
and employees.
• Community Con icts: Disputes between neighbors or within
local communities.
• Public Policy Disputes: Broader social con icts that might
a ect entire communities.
• Healthcare Disputes: For example, resolving con icts
between patients and doctors.

Mediation is even used internationally for complex commercial disputes

and cross-border negotiations.

Scope of Mediation

Almost any type of dispute can be settled through mediation, as long as

the parties agree to try it. This includes disagreements over contracts,
partnership con icts, insurance claims, and consumer complaints.
However, some disputes may still need to be resolved by law, so they
aren’t eligible for mediation.

Why Mediation is Popular

Many people prefer mediation because it’s a less stressful, faster, and
more harmonious way to resolve con icts. It allows the parties to
communicate directly, potentially restoring relationships and focusing
on a positive future instead of dwelling on past con icts. This approach
is also less formal, more exible, and often feels fairer because the
participants themselves shape the outcome. Unlike formal trials where
a judge enforces the law, mediation promotes understanding and
cooperation, making it a unique form of justice focused on mutual
bene t.
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Evolution of Mediation in India

The evolution of mediation in India has been a gradual process with key
developments that have contributed to its current structure within the
judicial system. Here’s a breakdown of the signi cant milestones and
events that shaped mediation in India:

Early Training and Introduction of Mediation Centers

1. Initial Training (2000): The rst signi cant training for

mediators was held in Ahmedabad in 2000. This was conducted by
American trainers from the Institute for the Study and Development of
Legal Systems (ISDLS).
2. Further Training (2002): Following this, more advanced
workshops were organized by the Institute for Arbitration Mediation
Legal Education and Development (AMLEAD), a charitable trust
founded by two senior lawyers in Ahmedabad.
3. Establishment of Ahmedabad Mediation Centre (2002): On
July 27, 2002, the Chief Justice of India inaugurated the Ahmedabad
Mediation Centre, making it one of the rst lawyer-managed mediation
centers in the country.
4. Push from the Chief Justice (2002): The Chief Justice called
a meeting with the Chief Justices of all High Courts across India,
emphasizing the importance of mediation and the need to implement
Section 89 of the Civil Procedure Code (CPC), which facilitates
alternative dispute resolution.
5. Courses and Workshops (2003): In January 2003, AMLEAD
and the Gujarat Law Society introduced a 32-hour certi cate course on
mediation. The U.S. Educational Foundation in India organized
additional training workshops in cities like Jodhpur, Hyderabad, and
Mumbai.
6. Court-Annexed Mediation Centers Begin (2005): The
Chennai Mediation Centre was launched in April 2005, within the
premises of the Madras High Court, marking it as the rst court-
annexed mediation center in India.

Development of Mediation in the Judicial System

1. Delhi Judicial Academy’s Role: The Delhi Judicial Academy

conducted several workshops to raise awareness about mediation and
later established its own mediation center. The Delhi High Court also
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launched a Mediation and Conciliation Centre, regularly organizing
workshops and training programs.
2. Mediation and Conciliation Project Committee (MCPC): In
2005, the Chief Justice of India formed the MCPC with Hon’ble Mr.
Justice N. Santosh Hegde as its rst Chairman. The MCPC was tasked
with guiding the mediation movement in India, including training judges
and setting up court-annexed mediation centers.
3. Pilot Project and Expansion: MCPC’s rst pilot project was
launched at Tis Hazari Courts in Delhi. Its success led to more centers
opening in Karkardooma (2006) and Rohini (2009). The MCPC also
organized regional conferences across the country to promote
mediation.
4. Training Requirements: The MCPC set the standards for
mediator training, requiring 40 hours of training and 10 actual
mediations. The committee also received government support for
funding awareness programs and training.
5. National Mediation Program: The MCPC is in the process of
formalizing a National Mediation Program, aiming to streamline
mediation practices nationwide.

Legal Recognition and Supreme Court Support

1. Supreme Court Involvement (Salem Bar Association Case):

The Supreme Court of India upheld mediation as a valid part of the
judicial process in the Salem Bar Association Case. Following this, a
committee led by Justice Jagannadha Rao of the Law Commission of
India was formed to establish model rules for implementing mediation
in civil courts.
2. Model Rules and Conferences: The Law Commission
organized an international conference on Case Management,
Conciliation, and Mediation in 2003 in Delhi. The Supreme Court then
approved the model rules created by the Law Commission and urged
all High Courts in India to implement them.
3. Expansion Across High Courts: The Delhi High Court and
Karnataka High Court began establishing court-annexed mediation
centers. This expansion included centers in Allahabad, Lucknow,
Chandigarh, Ahmedabad, and various other locations.

Court-Annexed vs. Court-Referred Mediation

1. Court-Annexed Mediation: In court-annexed mediation, the

court is actively involved in the mediation process. This type of
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 mediation is fully integrated within the judicial system, with judges,
lawyers, and litigants all participating. The court oversees the entire
process, providing a sense of continuity and public trust.
2. Court-Referred Mediation: In contrast, court-referred
mediation simply involves the court referring a case to an external
mediator. While the court isn’t directly involved, it allows parties the
exibility to work toward a resolution independently.

Advantages of Court-Annexed Mediation

1. Smooth Process and Public Trust: Court-annexed mediation

fosters a smooth process where judges, lawyers, and litigants all play a
role. This setup gives the public con dence in the system, as it’s part of
the familiar judicial framework.
2. Judge’s Role in Mediation: When a judge refers a case to
court-annexed mediation, it keeps the process within the court’s
supervision. Lawyers continue to represent clients in mediation, which
makes it easier to shift between mediation and formal court
proceedings if necessary.
3. Public-Private Partnership: This method establishes a
cooperative relationship between the court and the community,
reinforcing public support and creating faster, more satisfactory
settlements.

Current Status and Future Prospects

Today, mediation is recognized as an essential part of the Indian judicial

system, with court-annexed mediation centers across multiple cities.
The courts have begun to refer cases to mediation centers regularly,
aiming to provide faster resolutions and reduce the court backlog. The
structure of court-annexed mediation provides a reliable, cost-e ective
alternative to traditional litigation, with the courts remaining a central
authority to oversee the process. This public-private partnership
approach between the courts and mediation centers promotes
harmonious dispute resolution and helps build a justice system that’s
both e cient and accessible to all.
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