A modernized pathway to institutionalization and privatization of mediation in India

Choung, Yonghwan and Kumari, Saloni (2022) A modernized pathway to institutionalization and privatization of mediation in India. Brazilian Journal of Alternative Dispute Resolution, 4 (8). pp. 249-262. ISSN 2596-3201

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JUSTICE DELAYED IS JUSTICE DENIED” can be completely related to the current situation in India. As of September 15, 2021, over 45 million cases were pending across all courts in India.
It is high time for India to adopt an improvised solution to tackle the issue. Considering the ongoing endemic of pendency of cases in Indian courts, there is an urgency that, ‘Alternative Dispute Resolution’ mechanisms to no longer remain ‘alternative’ but become ‘primary’ and the most preferred modes of
dispute resolution. Mediation is one such mode of dispute resolution which, if implemented efficiently has the potential to revolutionize the entire legal system and solve the issue of pendency in India. To mainstream mediation in Indian society the author proposes for Institutionalization and Privatization of
mediation following the ‘Early mediation’ and ‘Opt-Out Model’.

Item Type: Article
Keywords: Pendency | ADR | Mediation | Institutionalization | Privatization | Early Mediation
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 30 Dec 2022 09:29
Last Modified: 21 Dec 2023 07:08
Official URL: https://doi.org/ 10.52028/rbadr.v4i8.12
URI: https://pure.jgu.edu.in/id/eprint/5313


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