The Rise of Mediation:
Chief Justice of India, D.Y. Chandrachud, emphasizes mediation as a solution to court backlog.
The Mediation Act, 2023, formalizes different forms of mediation:
Pre-litigation (prior to registration of FIR or filling of civil case in any court of law)
Court-annexed (a method of resolving disputes which are already in court, but without the traditional judge or jury)
Online platforms
Community mediation
Benefits of Mediation:
Justice S.K. Kaul highlights mediation as a complement, not a replacement, for legal procedures.
Shifts focus from adversarial battles to reconciliation and healing.
Creates a space for open dialogue and expression of emotions.
Promotes mutual understanding and restores balance in disputes.
Challenges in Implementing the Mediation Act:
Experience Requirement: The law requires 15 years of professional experience to become a mediator.
Shifting Skillsets: Law school training focuses on advocacy, which clashes with mediator's neutrality.
Need for Integrated Learning: Legal professionals need training to switch between advocate and mediator roles.
Solutions to Develop Skilled Mediators:
Co-mediation: Pairs novice mediators with experienced ones for hands-on learning.
Shadow Mediation: Allows young lawyers to observe experienced mediators in action.
Law School Curriculum: Include mediation training to introduce students to the field and equip them with empathetic dispute resolution skills.
Benefits of Investing in Future Mediators:
Well-trained mediators can handle complex disputes effectively.
Creates a new generation of adept mediators, fostering a robust mediation culture.
Leads to a more harmonious, efficient, and just society.
Overall Message:
The Mediation Act has the potential to revolutionize dispute resolution in India.
By addressing skill development barriers and investing in future mediators, we can unlock the act's true potential and create a more peaceful and efficient legal system.
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