Definition of Mediation
Mediation is a voluntary, confidential, and structured process in which a neutral third party (mediator) helps disputing parties reach a mutually acceptable solution. It is one of the most effective forms of Alternate Dispute Resolution (ADR).
How Mediation Enhances Access to Justice
Mediation improves access to justice in the following ways:
1. Timely Resolution of Disputes
- Traditional litigation in India can take years to resolve.
- Mediation allows faster resolution—often within days or weeks, helping people access justice without delay.
2. Affordable and Cost-Effective
- Mediation significantly reduces legal costs.
- It eliminates heavy court fees, lawyer expenses, and procedural costs, thus making justice affordable, especially for marginalized and economically weaker sections.
3. Less Formal and More Flexible
- Mediation is non-adversarial, informal, and adaptable to the needs of the parties.
- This user-friendly approach makes it easier for people from all walks of life to resolve disputes without legal complexities.
4. Voluntary and Party-Centric
- The process is voluntary and based on mutual agreement.
- This ensures that both parties participate willingly, which leads to high satisfaction and a sense of justice being served.
5. Confidentiality Ensures Privacy
- Unlike courtrooms, mediation maintains complete confidentiality.
- It is especially helpful in family disputes, commercial settlements, or sensitive issues, giving people a safe environment to express and resolve issues.
6. Promotes Amicable Relations
- Mediation focuses on win-win solutions, preserving relationships—important in family, workplace, and community disputes.
- It leads to restorative justice rather than retributive outcomes.
7. Reduces Burden on Courts
- By resolving disputes outside the judiciary, mediation reduces case pendency in courts.
- This indirectly enhances access to courts for those with more serious and non-negotiable legal issues.
8. Promotes Legal Awareness
- Participation in mediation makes people more aware of their legal rights and available remedies.
- This empowers individuals and promotes inclusive justice.
9. Backed by Legislation and Judiciary
- Section 89 of the Code of Civil Procedure, 1908 promotes court-referred mediation.
- The Commercial Courts Act, 2015, and the Draft Mediation Bill, 2021 show that India is moving towards making mediation institutional and statutory.
- This legal recognition further ensures legitimate access to justice through mediation.