Importance of Mediation in India

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| 2012 | | Mounica Kasturi | [ Importance of Mediation in India] | This essay is about the main problems faced by the Indian legal system and how mediation can help resolve them. The essay highlights the advantages of mediation in general and over court based trial and arbitration. It also provides glimpses of the present scenario in India, its success stories and opposition. | Going by the 2010 statistics, it will be 2330 by the time Indian courts, working at their current pace, clear the backlog of cases that exist. Mark my words; it would take us 318 years to clear the backlog of cases in a hypothetical situation where no more cases would be adding each year. It is thus high time we look into the need for an alternate dispute resolution mechanism to help India achieve its constitutional provision of “speedy and easy access to justice.” Introduction to Indian scenario One of the parameter to fathom success of justice delivery system in any society is to ascertain how quickly and efficiently the disputes between the contesting parties are settled. However, in India, keeping apart the efficiency of the judicial system, the time it takes is abnormally high. Of what use is that divorce awarded, however just it might be, to the couple after 15 years of their petition? In an age when an e-mail reaches America in ten seconds, people are not willing to wait 10 or 20 years for a case to be finally decided. This makes everyone think what went wrong with our system and what can be done next. In 1994-95, the Indian Supreme Court initiated an Indo-US exchange of information between high-ranking members of the judiciary. In 1996,the then Chief Justice of India A.M. Ahmadi formed a national study team to examine case management and dispute resolution as part of a joint project with the United States. This Indo-US study group suggested procedural reforms, including

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