If implemented efficiently, mediation has the potential to revolutionize the entire legal system and solve the issue of pendency in India.
Authors
Yonghwan Choung, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Saloni Kumari, Assistant Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
“JUSTICE DELAYED IS JUSTICE DENIED” can be completely related to the current situation in India. As of September 15, 2021, over 45 million cases were pending across all courts in India. It is high time for India to adopt an improvised solution to tackle the issue. Considering the ongoing endemic of pendency of cases in Indian courts, there is an urgency that, ‘Alternative Dispute Resolution’ mechanisms to no longer remain ‘alternative’ but become ‘primary’ and the most preferred modes of dispute resolution.
Mediation is one such mode of dispute resolution which, if implemented efficiently has the potential to revolutionize the entire legal system and solve the issue of pendency in India. To mainstream mediation in Indian society the author proposes for Institutionalization and Privatization of mediation following the ‘Early mediation’ and ‘Opt-Out Model’.
Published in: Revista Brasileira de Alternative Dispute Resolution
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