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