The principle of alternate dispute resolution is enshrined in
Section 89 of the Code of Civil Procedure, 1908. The other forms of
platforms for alternate dispute resolution, i.e., arbitration,
conciliation and Lok Adalat, are duly codified under the
Arbitration and Conciliation Act, 1996 and Legal Services Authority
Act, 1987 and have also significantly evolved and developed.
However, now, the Government, with its aim to promote and
facilitate mediation for the resolution of disputes, has enacted
the Mediation Act, 2023. On July 13, 2022, the Standing Committee
issued its 117th Report on the Mediation Bill to make various
suggestions to its provision. In furtherance to this, the Mediation
Bill 2023 was passed by the Rajya Sabha on August 2, 2023, and by
the Lok Sabha on August 7, 2023. The Bill received assent from the
President on September 15, 2023, and the Bill came to be known as
the "Mediation Act, 2023" ("Mediation
Act").
