Question 11GS2GS2
How does mediation differ from arbitration? In light of the recent enactment of the Mediation Act, 2023, discuss the potential to address the backlog of litigations in Indian courts and foster a culture of voluntary mediation, especially among private players and public-sector undertakings.
Main Body
Alternate dispute resolution is a judicial innovation that has the potential to further the benefits of Article 51A and Art 4 i.e Right to speedy trial. Arbitration: Conciliating-ADRNegotiation ↓ Mediation Mediation: 1) 3rd party presence, 2) 3rd party but only advisory presence is legal and binding. Arbitration: 2) Arbitrator is necessary and legally binding. Formal and systematic. Mediation Act, 2023 Potential: 1) Provides for voluntary litigation between consenting parties => provides legal backing to ADR. 2) Provides a clear schedule of offices that can be reached through mediation. 3) Allows for civil as well as non-compoundable and bailable criminal litigations. 4) ADR records in a survey, that mediation bill can reduce pendency of judiciary by (25-7?).
118 words1 paragraphs
Topper
<UNKNOWN>
Subject & Paper
GS2GS2
Topic
Separation of Powers and Dispute Redressal Mechanisms
Dispute Redressal Mechanisms
Mediation Act 2023 and Alternative Dispute Resolution
Writing Stats
118
Total words
1
Paragraphs