Exploring The Transformative Mediation Landscape In India: Reviewing The Mediation Act, 2023

Introduction

Section 2(h) of the Mediation Act, 2023 defines Mediation as a process, whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator, who does not have the authority to impose a settlement upon the parties to the dispute.

Mediation is one of the modes of Alternative Dispute Resolution, which has been enabled under Section 89 of the Civil Procedure Code, 1908 and has emerged as a popular and useful method for settlement of disputes. Recently, mediation has gained tremendous traction as a viable alternative dispute resolution mechanism. Recognizing its potential to streamline legal processes and improve conflict resolution outcomes in the nation, various jurisdictions have been refining their mediation regimes. In