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Building Culture of Mediation : The solution to slow Indian Justice System

The Indian Justice System is facing the issue of snail-speed redressal of cases, right from the
lower courts to apex court. The only viable solution to this problem is steeping forward towards
alternative dispute resolution mechanism. The highest burden of cases is in the lower courts
which consists of cases like motor vehicle accidents claim, family disputes, property disputes,
etc., Most of these disputes can be quickly and with less-expense, cas be solved through
Mediation.

Mediation is at a nascent stage in our legal system. In order for mediation to truly take root,
numerous steps must be taken. These are not only essential for a better understanding of
mediation but also to create an ecosystem for mediation, thereby integrating it into mainstream
Indian legal society.

The paper tries to identify various steps that can be taken in order to inculcate a culture of
mediation among the stakeholders of Indian Justice system. Not only the common public but
the lawyer also require immense training and knowledge in order to build a culture of
Mediation in India. It compares steps taken by various countries worldwide in order to reduce
litigation and develop the culture of mediation in their respective countries. Further, the paper
examines a need for separate legislation for Mediation in India.

Therefore, the paper recommends steps that need to be taken to develop an ecosystem that is
conducive to mediation becoming an accepted and effective dispute resolution process in the
Indian legal system.

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