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VOL. 10, ISSUE 1 (2024)
Facilitating dispute resolution: The imperative of Pre-litigation mediation in India
Authors
Ashfaq Hamid Dar
Abstract
Alternate Dispute Redressal (ADR) mechanisms play a vital role in
ensuring access to justice to everyone irrespective of various social or
financial constraints. One such notable mechanism is mediation, wherein, a
neutral third party or the mediator through negotiation and facilitation helps
disputing parties amicably arrive at a settlement. Recently, steps have been
taken in India to create a strong framework that will encourage and popularise
mediation. Such initiatives also include the introduction of mandatory
pre-litigation mediation. However attempts at mandating mediation have been
vehemently opposed to prevent depletion of the voluntariness of parties, which
could render the very essence of mediation being a mutual proceeding
futile. The paper thus will analyse the need and scope of mandatory
mediation in India. A comparative study of mandatory mediation models in
different countries will be made to see how far they can be implemented in the
Indian system.
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Pages:25-28
How to cite this article:
Ashfaq Hamid Dar "Facilitating dispute resolution: The imperative of Pre-litigation mediation in India". International Journal of Law, Vol 10, Issue 1, 2024, Pages 25-28
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