Trajectory of mediation in Indian Judicial System

-Shreya Pandey1
-Bikram Bhatacharya2
A good settlement is better than a good law suit. – Abraham Lincoln
India is country of customs and we have meticulously given recognition to our customs in
Indian laws. The usage of mediation can be traced back from the Gram Panchayat and Nyaya
Panchayats system. Our customs have always been a pedestal for the Indian judicial system
in order to deliver justice to the seeker, with encumbering 3.3 crores of pending cases in our
courts we are in a dire need of implementation of alternatives for dispute resolution. Our
legislature back in 1996 with Alternative Dispute Resolution Act urged on urgency to opt for
alternatives like mediation in order to expedite the procedure of justice to the aggrieved.
Mediation is a voluntary dispute resolution where a neutral third party helps in resolving the
dispute of disputing parties. Sub Section (1) of section 30 gives legal backing to mediation in
India. Presently more than 1 lakhs cases have been resolved through mediation in our country
and recent surge in mediation cases is a treat to the Indian Judicial system because the
inclination of people for mediation has been conspicuous and people have started resorting to
it.
The apex court has been able to set precedents by referring some of the most important cases
in the history of Indian Judiciary to mediation as the one regarding demolition of Babri
masjid. Even in the case of Salem Bar Association v. Union of India we have found traces of
mediation.
In this research paper we shall be trying to put Indian Judicial System and Mediation on same
the footing by scrutinising the evolution of mediation and how receptive Indian Judiciary has
been to mediation, this would involve in depth study of many important cases decided by the
Indian Courts and the laws backing mediation. In order to surmise, the research paper will
note down the trajectory of mediation in Indian judicial system.

Key words :- Mediation, Indian Judicial System, Implementation and laws.

1
B.A.LLB(H) 4th year, School of law Galgotias University Greater Noida, Uttar Pradesh
2
B.B.A.LLB(H) 4th year, School of law Galgotias University, Greater Noida, Uttar Pradesh.