Mandatory Mediation in India – Resolving to Resolve
Summary: This paper explores the concept of mandatory mediation as a solution for reducing pendency in the traditional court system and discusses the benefits of mandatory mediation and attempts to address some concerns surrounding it
This paper explores the concept of mandatory mediation as a solution for reducing pendency in the traditional court system. After discussing the concept of mediation and the existing regulatory framework governing it in India, this paper identifies the problems afflicting mediation in India. It proceeds to examine how many of these problems can be overcome by making mediation mandatory. It discusses the benefits of mandatory mediation and attempts to address some concerns surrounding it. To zero-in on the most appropriate model for introducing mandatory mediation India, this paper looks at how mandatory mediation has fared in other jurisdictions like the European Union, Australia, the United States and Italy. This paper finally recommends that India should introduce a modified version of the Italian opt-out model of mandatory mediation in the country in a phased manner.
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About the Authors
Deepika Kinhal is a Senior Resident Fellow and team lead for the JALDI (Justice, Access and Lowering Delays in India) initiative at Vidhi which focuses on judicial reforms. She has authored several data-driven research reports seeking to understand systemic issues that plague India’s justice delivery systems. She is now working towards translating the research findings into tangible solutions through interdisciplinary collaborations. Under the aegis of JALDI Innovation Lab, she is leading her team on projects at the intersection of law and other disciplines such as technology, management and design. Deepika has been a part of expert committees constituted by the eCommittee of the Supreme Court of India and NITI Aayog to design a roadmap to improve justice delivery through technology. She has also lead engagements with multiple High Courts aimed at improving their case and court management systems, and has appeared before Parliamentary Standing Committees on Mediation Bill and Judicial Impact Assessment. Deepika graduated from NLSIU, Bengaluru in 2012. Before joining Vidhi, she practiced as a civil-commercial lawyer in Karnataka with Dua Associates, and as a real-estate and capital markets lawyer at Cyril Amarchand Mangaldas. Deepika is trained in Carnatic classical music and has performed for All India Radio and a Kannada movie
Apoorva was a Research Fellow with Vidhi's JALDI (Justice, Access and Lowering Delays in India) initiative. At JALDI, she is working in the areas of judicial reform and increasing access to justice. She previously worked with Mint as a legal writer where she wrote extensively about important legal developments and covered the Supreme Court, Delhi High Court and various other tribunals. She has also worked with Vidhi as an Associate Fellow on a project to study the implementation of the NDPS Act in Punjab. Her areas of interest include judicial reforms, constitutional law and animal law. Apoorva graduated with a B.A., LL.B. (Hons.) from National Law University, Delhi in 2014 and completed her LL.M. from Panjab University, Chandigarh in 2018. She loves to travel, is passionate about animals and spends her free time honing her skills at vegan cooking/baking.
