Mediation Act, 2023: A New Era for Alternative Dispute Resolution in India

 The Mediation Act, 2023 is a significant legislative framework in India designed to promote and regulate mediation as an alternative dispute resolution (ADR) mechanism. Here are the key features and implications of the Act:

 Key Features of the Mediation Act, 2023

1. Promotion of Mediation

The Act aims to enhance the use of mediation, particularly institutional mediation, to resolve disputes efficiently. It encourages parties to explore mediation before initiating litigation, thereby reducing court congestion.

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Beyond the Courtroom: The Role of ADR in Indian Legal Framework

 Alternative Dispute Resolution (ADR) in India serves as a crucial mechanism for resolving disputes outside the traditional court system, offering various methods such as arbitration, mediation, conciliation, and Lok Adalat. This approach is particularly significant given the backlog of cases in Indian courts, which has prompted both the judiciary and the government to promote ADR as a means to ensure quicker and more cost-effective justice.

 Legal Framework Governing ADR

Civil Procedure Code, 1908

The foundation for ADR in India is laid out in Section 89 of the Civil Procedure Code (CPC), 1908. This section empowers courts to refer disputes to alternative methods of resolution when it appears that there are elements of a settlement acceptable to the parties involved. The methods recognized under this provision include:

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Lokadalat: An Effective Alternative Dispute Resolution Remedy in Indian Law

 The concept of Lokadalat, or "People's Court," is a significant component of the Alternative Dispute Resolution (ADR) system in India. It serves as an informal mechanism for resolving disputes quickly and affordably, embodying the principles of Gandhian justice. This article explores the structure, functioning, and effectiveness of Lokadalats as an alternative remedy for dispute resolution under Indian law.

Historical Background and Legal Framework

Lokadalats have their roots in traditional village councils, known as Gram Panchayats, which historically resolved conflicts through informal methods. The modern Lokadalat system was formally introduced in 1982 in Gujarat, evolving into a statutory framework with the enactment of the Legal Services Authorities Act, 1987. This Act established Lokadalats as a permanent feature of the Indian legal system, granting them legal authority to resolve disputes amicably.

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SEBI Circular for online dispute Resolution

 https://drive.google.com/file/d/1ktivTWEejus0qce0MDLco4qx-5YD1brN/view?usp=sharing

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