The objective of the Mediation Bill, 2023 is to have a mediation first approach to civil and commercial disputes resolution, with the purpose of reducing the burden of litigation on Courts, providing alternative means of disputes resolution, and enhancing the country's reputation as an investor friendly destination. Comment, with special emphasis on the salient features of the bill.
Main Body
Indian Judicial System now has around 5 crore case pending with case clearing ratio only About 30% (Economic survey 2019). In this light mediation is required.
Commercial Disputes Resolution
(a) Mediation Bill, 2023 allows for international mediation under Singapore converts
(b) It issues EoD by quick settlement of disputes in informal mechanism.
Reduce Litigation on Courts
(a) Mediation can be alternative for compoundable issues and petty financial issues
(b) This it allows the court to focus it engages on important matters
Alternate Means of Dispute faculates
(a) Mediation Bill 2023, says that community elders can act as mediators
(b) "Thus it allows cheap, effective local and linguistic justice"
Challenges - lack of enforceability
(a) No decision on Newt Thus mediation should act as first step in resolving disputes
Settlement ↘ Lighter Disputes
Dispute Classification
Mediators Bill 2023, says that community elders can act as mediators
(b) "Thus it allows cheap, effective local and linguistic justice"
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Diagram
Flow diagram showing: Disputes → Mediation → Serious Dispute → Criminal Justice System, with Settlement and Lighter Disputes as alternative branches
- Cites current statistics on case pendency
- References Economic Survey 2019
- Mentions international mediation framework
- Links to investor confidence
- Provides framework for dispute classification
- Identifies role of community elders in mediation
- Links to cost of living and ease of doing business
- Practical approach to dispute resolution
Akansh Dhull
Separation of Powers and Dispute Redressal Mechanisms
Dispute Redressal Mechanisms
Mediation and ADR
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