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VOL. 6, ISSUE 4 (2024)
Law of mediation in India -Regulations and challenges
Authors
Dr. Bhavana A K
Abstract
The Constitution of India promises social justice and equality. The
fundamental right guarantee equality before law and equal protection of law.
The Parliament and State legislatures have enacted a plethora of legislation to
implement the fundamental rights and directive principle of state policy. The
high cost of legal proceedings and ignorance of law adversely affect the right
to access to justice. Right to legal aid and access to justice are integral
part of right to life which is protected under article 21 of the Constitution
of India. It is noticed that thousands of cases are pending before different courts
in India including the apex court. There is a famous maxim which says “Justice
delayed is justice denied.” One of the solutions to reduce the pendency of
litigations is the recourse to alternate dispute resolution techniques (ADR).
The ADR techniques are accepted globally to reduce the workload of courts and
to provide speedy justice to people. Another objective of A DR technique is to provide
free legal aid to the deserving litigants. Section 89 of Civil Procedure Code
1908 mandates settlement of dispute through arbitration, conciliation, lok
adalat and mediation. The Legal Services Authority Act 1987 constituted Legal
Service Authorities at the national and regional level to provide free legal
aid and to organise lokadalat. The Arbitration and Conciliation Act deals with
the techniques of arbitration and conciliation. Parliament enacted the
Mediation Act 2023 to give statutory recognition to mediation. The Act provides
for court-annexed mediation, court referred mediation, institutional mediation,
pre-litigation mediation, online mediation and community mediation. This paper
makes a comprehensive analysis of the Mediation Act 2023and examines the extent
to which it realises the right of access to justice.
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Pages:97-102
How to cite this article:
Dr. Bhavana A K "Law of mediation in India -Regulations and challenges". International Journal of Law, Policy and Social Review, Vol 6, Issue 4, 2024, Pages 97-102
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