ABSTRACT

Mediation: The Go-To Dispute Resolution mechanism in India

Author: Payel CHATTERJEE et Sahil KANUGA

Type: Article : News

ref: 32021461-467

N0:3 of 2021

Pages: 461-467

Mediation has, of late, been recognized as the fastest growing mode of alternative dispute resolution. It allows parties to relook at mutual interests and come up with innovative solutions through an interactive and facilitative process. Mediation is voluntary and non-binding upon the parties and issues are resolved through negotiation using proper communication techniques. The mediator suggests options but does not compel the parties to attend the mediation or consider the options, if the parties are not interested. Mediation as a concept has not been confined to any specific statutory enactment in India. Nishith Desai Associates organized a webinar in association with Singapore International Mediation Centre (SIMC) on April 22, 2020. During the session, the panelists discussed various topics including the evolution and growth of mediation in India, steps taken to promote and encourage mediation as a popular dispute resolution tool, signing of the Singapore Convention on Mediation as well as use of SIMC by parties in India to resolve disputes. Justice Kurian Joseph, Former Judge, Supreme Court of India, also joined the session and shared his insights and experiences as a lawyer and as a judge, on the development of mediation in India. Justice Kurian set the tone for the session by discussing the basic objective of addressing the grievance and finding solutions to the same. He also mentioned that use of mediation should be promoted to ensure peaceful co-existence in society. More often than not, battles are fought to satisfy self-esteem of individuals than actually looking at the larger goal. The idea of mediation is rather simple; it is not to win or lose but have a meaningful dialogue and reach a mutual decision to ensure continuity of relationship or amicable disassociation. With these ideas in mind, the session moved forward discussing the origin, concept and development of mediation in India.