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The Role of Mediation in Civil Dispute Resolution

Legal Article by - ATUL OJHA (This Article was written by him during his Internship)


Introduction

The present judicial delivery system in India is hostile. By pitting the opposing parties against one another, it greatly increases the level of hostility between them. It has to be one of them wins and the other loses. This is bad for the parties' social connection as well as their individual financial situations. Legal proceedings are usually expensive and time-consuming. Litigation is known to have a considerable lot of technicalities, which when applied to actual situations cause major delays and unnecessary expenditures, excluding both parties and leaving a mark. In addition, an accommodating, efficient, and reasonably priced legal system together with a responsive infrastructure were crucial in drawing foreign investment to India in the wake of liberalisation and globalisation.


Case law

Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. P. Ltd.

The Supreme Court ruled that because the text of Section 89 of the Code is clear and unambiguous, it shall be construed in accordance with its plain and usual meaning, without any terms added or omitted. The Court held that the only realistic method to understand Order 10, Rule 1A, and Section 89 is for the court to apply Section 89 of the Code following the conclusion of the pleadings, following any necessary admission or rejection requests, and prior to framing questions. As to the Court's ruling, consideration must be given to the text of Act 89, namely the part that begins, in which it seems to the court that there exist ingredients of a settlement, in determining whether ADR is allowed. The Court additionally announced that in cases where the matter is not appropriate for referral to any ADR process, it would be obliged to swiftly record the reasons why it will not be employing any of Section 89 of the Code's resolution processes. As permitted by Section 89 of the Code, a hearing to discuss using the ADR process must take place following the conclusion of the pleadings. However, it is not necessary to bring up an ADR process explicitly in every situation. The ADR procedure shouldn't be discussed while parties aren't present. In all of these situations, the ADR process must be described.


Nature of disputes came under Mediation as

• Contractual, business, and trade-related matters.

• Child custody issues and marital conflict.

• Disputes over compensation claims and tortious culpability. Customer complaints.


The Advantages of Mediation

1. Mediation as a quicker, less expensive, and more cooperative substitute for courtroom proceedings.

2. Judgements are made by the parties immediately involved in the dispute rather than by a judge or jury.

3. Mediation is significantly less expensive than litigation. 4. Compared to a traditional lawsuit, mediation requires less time and money.


The disadvantages of Mediation

1. Results that benefit both parties are not always sure.

2. Difficult to enforce the agreement due to the mediator's lack of objectivity in making decisions.

3. If the lawsuit does not go through as anticipated, It can be left with no legal remedy.


Conclusion

Mediation is a good way to resolve civil disputes where both parties get equal chances to present there issues and the third person i.e. mediator provide a best possible remedy for both the parties.





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