Evaluating Mandatory Pre-litigation Mediation under the Commercial Courts Act in India

Mahaseth, Harsh (2025) Evaluating Mandatory Pre-litigation Mediation under the Commercial Courts Act in India. ICAI GARUDA, 1 (2). pp. 45-51.

[thumbnail of Evaluating Mandatory Pre-litigation Mediation under the Commercial Courts Act in India.pdf] Text
Evaluating Mandatory Pre-litigation Mediation under the Commercial Courts Act in India.pdf - Published Version

Download (119kB)

Abstract

India’s legal system, burdened with an ever-growing caseload, has turned to Alternative Dispute Resolution (ADR) mechanisms to alleviate pressure on courts and expedite dispute resolution. The Commercial Courts Act, 2015, marked a significant milestone in this effort by introducing mandatory pre-institution mediation for commercial disputes above a specified monetary threshold. Despite the initiative’s potential, its implementation has faced numerous challenges, including low participation, a lack of trained mediators, and concerns regarding the enforceability of mediated agreements. This article analyses the legal framework of mandatory pre-litigation mediation in India, evaluates its effectiveness, and explores the role of the Supreme Court in shaping this process. It also provides a critical assessment of the practical hurdles faced by the initiative and offers recommendations for its improvement. Ultimately, while mandatory pre-litigation mediation has demonstrated considerable potential, further institutional support and infrastructure development are essential to unlock its full potential.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Luckey Pathan
Date Deposited: 31 Aug 2025 11:32
Last Modified: 31 Aug 2025 11:32
Official URL: https://www.icai.org/post/international-research-j...
URI: https://pure.jgu.edu.in/id/eprint/10040

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item