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The Mediation Act of 2023 UPSC NOTE

 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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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: The Mediation Act of 2023 UPSC NOTE
The Mediation Act of 2023 UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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