Mediation
Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT
Meaning
Mediation is a method of alternative dispute resolution, which means settling a dispute outside a regular trial. A neutral person called a mediator helps the parties talk and reach their own voluntary settlement. The mediator does not impose any decision. Under the Mediation Act 2023, mediation before going to court is voluntary and should end in 120 days, which can be extended by 60 days. A settlement can be enforced like a court decree and can be challenged within 90 days only on narrow grounds such as fraud.
Example
Before filing a commercial suit, two businesses must first try mediation under section 12A of the Commercial Courts Act 2015. This applies unless urgent relief is needed. With a mediator's help, they may reach a deal and avoid a trial.
Don't confuse with
- Conciliation: a conciliator may suggest terms. A mediator only helps the parties find their own deal.
- Arbitration: an arbitrator decides the dispute and gives a binding award. A mediator decides nothing.
Related concepts
- Alternative dispute resolution
- Arbitration
- Conciliation
- Mediation Act 2023
- India International Arbitration Centre
- Commercial courts