The United Nations Convention on International Settlement
Agreements Resulting from Mediation1, otherwise known as
the 'Singapore Convention', defines 'Mediation' as
a process, irrespective of the expression used or the basis
upon which the process is carried out which the parties attempt to
reach an amicable settlement of the dispute with the assistance of
a third person or third persons lacking the authority to impose a
solution upon the parties to the dispute.
For centuries in India, 'mediation' a phrase used
interchangeably with 'conciliation'2, has
existed in different forms and has been integral to the dispute
resolution framework. The Panchayati system has existed and
continues since the Vedic times. In pre-colonial India, respected
businessmen – Mahajans, resolved disputes relating to trade
and commerce. The liberalised economy is familiar with the private
mediation process stipulated in contracts,
'court–referred mediations' under section 89 of the
Code of
