Strengthening Mediation in India: An Interim Report on Court Annexed Mediations
An interim report to formulate reform strategy for court annexed mediation in India
Summary: Vidhi worked with the Department of Justice, Ministry of Law and Justice to study and evaluate the progress of court-connected mediation programmes in India.
Regulation of mediation practices and frameworks is a global debate, with different facets of such regulation being the subject of numerous academic and policy reform discourses. In India, mediation was formalised as an alternative dispute resolution mechanism, and brought on the statute book with an amendment to Section 89 of the Civil Procedure Code, 1908. With more than a decade’s passage, a review of court annexed mediation in India is imperative to reinvigorate the framework with necessary reforms.
The present Interim Report has reviewed different ‘Study Jurisdictions’, namely Australia, Singapore, United States of America and the United Kingdom, to ascertain best practices and takeaways which may facilitate the establishment of an efficient framework for court connected mediation in India. The Interim Report also presents an empirical analysis of the Delhi High Court Mediation and Conciliation Centre, and the Bangalore Mediation Centre, reviewing data made available by these mediation centres for the period between 2011 and 2015.
This Interim Report endeavours to be the seminal step to a greater programme to formulate and effectuate a comprehensive reform strategy and framework for strengthening court annexed mediation in India.
Note: The Interim Report was incorrectly quoted by the Times of India in a news article on 29 July 2016. We have pointed out the inaccuracies and out-of-context statements to the editor, Times of India in this letter.
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About the Authors
Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. His areas of research include judicial reforms, Constitutional law, urban development, and law and technology. He graduated with a B.A. LL.B. (Hons) from the NALSAR University in 2008 and obtained the BCL from the University of Oxford in 2009. He writes a monthly column for the Economic and Political Weekly and has published in the Indian Journal of Constitutional Law and National Law School of India Review apart from media outlets such as The Hindu, Indian Express, Scroll, Quint and Caravan. He has practiced in the Supreme Court and Delhi High Court from the chambers of Mr Mohan Parasaran, and currently also co-hosts the Ganatantra podcast on IVM Podcasts.
Ameen was a Senior Resident Fellow at Vidhi, and led the Centre for Applied Law and Technology Research (ALTR). His interest and research focus lies in AI ethics, and the governance of AI. Within ALTR, he has been leading the team's collaborative research on data trusts, and artificial intelligence. Ameen has also worked on the intersection of technology and the justice system, as a senior fellow working on the JALDI mission's engagement with the Supreme Court of India's AI and E-Courts' committees. Ameen has a formal educational background in social research methods and evidence-based policy. He completed his master’s programme from the Institute of Education (University College London), focusing on the use of research evidence in policy processes, and was awarded an MSc. with an overall distinction. Before this, he completed his undergraduate legal studies from the W.B. National University of Juridical Sciences [B.A. LL.B. (Hons.)] in 2012. Prior to Vidhi, Ameen worked at J. Sagar Associates, in the firm’s regulatory and policy team. He has practised in the Supreme Court of India, the Delhi High Court, and numerous tribunals.
