Latest news with #MediationAssociationofIndia
Mint
04-05-2025
- Business
- Mint
Small businesses, startups adopting mediation in contracts: law minister Meghwal
New Delhi: India's small businesses and startups have started adopting mediation in the dispute resolution clauses included in their contracts, Union law and justice minister Arjun Ram Meghwal said. Mediation is an inexpensive and expedited means of resolving disputes as it is not adversarial, he said, speaking at the first National Mediation Conference in New Delhi on Saturday. A dispute resolution clause determines how parties will resolve an issue if one arises. Commonly, most commercial contracts use arbitration as a dispute resolution mechanism. The event also marked the launch of the Mediation Association of India, a body of legal practitioners and mediation experts, which would work on suggesting best practices as well as rules of procedure in the mediation domain to the union government. The Union government had called for the creation of the Mediation Council of India under the Mediation Act 2023. The MCI, which has not been created yet, would have powers to ratify mediators, decide rules of procedure, and govern the actions and behaviour of mediators and mediation institutions, among other things. Meghwal also called for more mediation and less litigation in resolving disputes in the country, as it was closely linked to the investment sentiment about India. Solicitor general Tushar Mehta highlighted that mediation would reduce the burden on Indian courts and undo the pendency clog in the country's access to justice. President Droupadi Murmu called for extension of the Mediation Act 2023 to rural areas, legally empowering village panchayats to mediate any issues between parties. This mediation push comes in the wake of the Union government turning its back on arbitration, a preferred means of dispute resolution outside courts, in an advisory in June 2024. The advisory, by the Union finance ministry's department of expenditure, asked government entities in the country to use mediation or litigation over arbitration. According to the advisory, arbitration was expensive and time-consuming for the government, and mediation would be a relatively cheaper alternative. While arbitration involves parties bringing in a third party to adjudicate an issue and deliver a legally enforceable award, mediation involves both parties coming together to a consensus with the help of a third party. First Published: 4 May 2025, 10:09 AM IST
Indian Express
03-05-2025
- Politics
- Indian Express
Empower panchayats to mediate, settle disputes, says President Droupadi Murmu
Underlining the significance of mediation in resolving conflicts, President Droupadi Murmu Saturday called for effectively extending the dispute resolution mechanism under the Mediation Act, 2023 to rural areas so that the panchayats are legally empowered to mediate and resolve conflicts in villages. Addressing the 'Launch of Mediation Association of India and 1st National Mediation Conference, 2025', the President said that 'we should see effective dispute and conflict resolution as not merely a legal necessity but a societal imperative'. She added that 'social harmony in villages is an essential prerequisite of making the nation strong.' India has a long and rich tradition of judicial mechanisms in which such out-of-court settlements were more of a norm than exception, she said, adding that the institution of panchayat is legendary for fostering amicable resolutions. Describing the panchayats as a pillar of social harmony, Murmu said, 'Unfortunately, the colonial rulers ignored this exemplary legacy when they imposed an alien legal system on us.' She said that mediation fosters dialogue, understanding and collaboration, which are essential for building a harmonious and progressive nation. It will lead to the emergence of a conflict-resilient, inclusive and harmonious society, she said. In his inaugural address, CJI Sanjiv Khanna said that 'courtroom adjudication is often to a dispute and parties, what most medicines are to an ailment — they treat the symptoms and provide relief, which makes us feel better' but 'at times, the root cause remains unaddressed, and the ailment and pain remain…' Underlining the importance of mediation, the CJI said that it seeks to identify and remedy the root cause, goes deeper into the issue, and addresses primordial and underlying concerns that are the cause of the dispute. 'It allows for a more holistic solution,' he said. Hailing section 43 of the Mediation Act which provides for 'community mediation', CJI Khanna said, 'Disputes likely to affect peace, harmony, and tranquillity among residents or families in a specific area or locality may be resolved through community mediation. This is an important step forward.' It is through mediation that social justice as envisaged in the Constitution can be achieved, he added.
The Hindu
03-05-2025
- Politics
- The Hindu
President, CJI stress on mediation to resolve conflicts, lower the burden on courts
President Droupadi Murmu and Chief Justice of India (CJI) Sanjiv Khanna on Saturday (May 3, 2025) stressed on mediation to resolve disputes and lower the burden of courts across the country. They added that mediation can enhance both the ease of doing business and the ease of living and the same is not a lesser form of justice, but a wiser form of it. Speaking at the launch of the first national mediation conference organised by the Mediation Association of India (MIA), a pioneering initiative envisioned by Attorney General of India R. Venkataramani, Ms. Murmu hailed the 'long and rich tradition' in India of judicial mechanisms in which out-of-court settlements were more of a norm than exception and added that the colonial rulers 'unfortunately' ignored this exemplary legacy when they imposed an alien legal system. Emphasising that the dispute resolution mechanism under the Mediation Act should be effectively extended to rural areas so that the panchayats were legally empowered to mediate and resolve the conflicts in villages, she added that social harmony in villages was an essential prerequisite of making the nation strong. She added that the Mediation Act, 2023 was the first step in consolidating the civilisational legacy and now it was the right time to add momentum to it and strengthen its practice. She said the Mediation Act, 2023 plugged many loopholes in the system and had a number of provisions that would form the foundation of a vibrant and effective mediation ecosystem in India. Reduces burden on courts 'Mediation is an essential part of the delivery of justice, which is at the heart of the Constitution of India — our founding text. Mediation can speed up the delivery of justice not only in the specific case under consideration, but also in other cases, by reducing the burden on courts of a large number of litigations. It can make the overall judicial system much more efficient,' added the President. Addressing the gathering of chief justices of various High Courts and solicitor generals from States, the CJI observed that people should be made to understand that mediation was not a 'lesser' form of justice but rather a 'wise' form of it. Drawing a parallel between mediation and courtroom, Chief Justice Sanjiv Khanna said adjudication was often to a dispute and parties, what most medicines were to an ailment — they treat the symptoms and provide relief, which makes us feel better. 'Courtroom litigation is somewhat similar. One party is right, the other is wrong. In this way, courtroom litigation and adjudication are grim and shallow. At times, the root cause remains unaddressed, and the ailment and pain remain. The relationships are strained, if not broken. There is a winner, there is a loser,' said the CJI. He said mediation did the opposite. It sought to identify and remedy the root cause as it went deeper into the issue, the cause of the misunderstandings. It addressed the primordial and underlying concerns that were the cause of the dispute and allowed for a more holistic solution — one that not only resolved the legal issues but went beyond that. 'Mediation heals and restores the relationship. This is true justice. Not coerced and forced by a third person's dictate,' he said. Sharing data on the success of mediation, the CJI said that in over the past two decades, between 2016 and early 2025, a staggering 7,57,173 cases were settled using mediation. He, however, added that this way of justice was yet to reach homes and villages. 'India has been slow to arrive to mediation's shore and understand its importance. Our goal must be to show every litigant, every businessperson, every citizen that mediation is not a lesser form of justice, but a wiser form of it,' he added. Justice B.R. Gavai, the designated CJI, in his address said law school curriculum must include practical on mediation and not just stick to the theory. He added that law students must have the skills of active listening, emotional intelligence which could not be acquired solely by textbooks. 'Legal education should prepare students to rise beyond from arguing cases but to understand the conflict and help resolve disputes in a manner that preserves relationships and dignity,' he added. The event was also attended by Law Minister Arjun Ram Meghwal. Solicitor General Tushar Mehta stressed on mediation as an integral part of justice. Mr. Venkataramani, extending thanks to the participants, said the conference was a small beginning and he wished to see the day when India would soon be the headquarters of a Global Mediation Association.
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Business Standard
03-05-2025
- Politics
- Business Standard
Mediation more holistic than court trials in resolving disputes: CJI
Observing that mediation is not a "lesser form of justice" but it's "wiser form", Chief Justice of India Sanjiv Khanna on Saturday said mediation offers a more holistic solution to disputes as compared to courtroom adjudication. Speaking at the National Conference on Exploring the Efficacy and Reach of Mediation, Khanna said that in courtroom adjudication, one party emerges the winner and the other the loser leading to relations becoming strained. The CJI said mediation, on the other hand, can heal relations and the solutions offered by it are less traumatic and more humane. "Court litigation and adjudication are, in a way, grim and shallow. At times, the root cause remains unaddressed and the ailment and bane remain. The relationships are strained, if not broken. There is a winner, there is a loser," he said. "Mediation does the opposite. It seeks to identify and remedy the root cause. It goes deeper into the issue, the cause of the misunderstanding. It addresses the primordial and underlying concerns that are the cause of the dispute. "It allows a more holistic solution that not only resolves the legal issue but goes beyond that. It heals and restores the relationship. This is true justice,? not coerced and forced by what third parties dictate," he added. The CJI said over the past two decades, mediation has played a critical role in resolving disputes. "Between 2016 and early 2025, a staggering 7.57 lakh cases were settled through mediation. Yet, I must acknowledge, mediation is yet to reach the villages. India, in one way, therefore, has been slow in arriving at mediation and understanding its importance. "Our goal must be to show every litigant, every citizen, every businessman, every person, that mediation is not a lesser form of justice but a wiser form of it," he said. Justice B R Gavai also spoke on the occasion and said when individuals are given a safe place to communicate, hostility can give way to dialogue and confrontation can transform into cooperation. "India has made a significant stride in integrating mediation into its legal system as a means to promote alternative dispute resolution and reduce the burden on courts. However, the true benefits of progressive legislation such as the Mediation Act, 2023, can only be realised if we go beyond the law and work towards building a mediation mindset," Gavai said. Justice Gavai said the culture of mediation is gradually evolving in India. "Institutions such as NALSA have already taken a commendable step by conducting training programs in mediation and advanced commercial mediation for lawyers. However, to truly manifest mediation, we need to scale up and diversify these efforts. It is at this juncture that the establishment of the Mediation Association of India assumes critical significance," Gavai said. President Droupadi Murmu, Union Law Minister Arjun Ram Meghwal, Attorney General R Venkataramani and Solicitor General Tushar Mehta were among the other dignitaries who spoke at the event.
Hindustan Times
03-05-2025
- Politics
- Hindustan Times
Mediation offers more holistic solution to disputes as compared to courtroom adjudication: CJI
New Delhi, Observing that mediation is not a "lesser form of justice" but it's "wiser form", Chief Justice of India Sanjiv Khanna on Saturday said mediation offers a more holistic solution to disputes as compared to courtroom adjudication. Speaking at the National Conference on Exploring the Efficacy and Reach of Mediation, Khanna said that in courtroom adjudication, one party emerges the winner and the other the loser leading to relations becoming strained. The CJI said mediation, on the other hand, can heal relations and the solutions offered by it are less traumatic and more humane. "Court litigation and adjudication are, in a way, grim and shallow. At times, the root cause remains unaddressed and the ailment and bane remain. The relationships are strained, if not broken. There is a winner, there is a loser," he said. "Mediation does the opposite. It seeks to identify and remedy the root cause. It goes deeper into the issue, the cause of the misunderstanding. It addresses the primordial and underlying concerns that are the cause of the dispute. "It allows a more holistic solution that not only resolves the legal issue but goes beyond that. It heals and restores the relationship. This is true justice, not coerced and forced by what third parties dictate," he added. The CJI said over the past two decades, mediation has played a critical role in resolving disputes. "Between 2016 and early 2025, a staggering 7.57 lakh cases were settled through mediation. Yet, I must acknowledge, mediation is yet to reach the villages. India, in one way, therefore, has been slow in arriving at mediation and understanding its importance. "Our goal must be to show every litigant, every citizen, every businessman, every person, that mediation is not a lesser form of justice but a wiser form of it," he said. Justice B R Gavai also spoke on the occasion and said when individuals are given a safe place to communicate, hostility can give way to dialogue and confrontation can transform into cooperation. "India has made a significant stride in integrating mediation into its legal system as a means to promote alternative dispute resolution and reduce the burden on courts. However, the true benefits of progressive legislation such as the Mediation Act, 2023, can only be realised if we go beyond the law and work towards building a mediation mindset," Gavai said. Justice Gavai said the culture of mediation is gradually evolving in India. "Institutions such as NALSA have already taken a commendable step by conducting training programs in mediation and advanced commercial mediation for lawyers. However, to truly manifest mediation, we need to scale up and diversify these efforts. It is at this juncture that the establishment of the Mediation Association of India assumes critical significance," Gavai said. President Droupadi Murmu, Union Law Minister Arjun Ram Meghwal, Attorney General R Venkataramani and Solicitor General Tushar Mehta were among the other dignitaries who spoke at the event.
