Culture of mediation: why has it not picked up in India? (Introduction)

  Alternate Dispute Resolution (ADR) refers to modes by which disputes may be resolved without taking recourse to the court system. Mediation, among other ADR options, offers voluntary participation, flexibility, confidentiality, speedy and cost-effective solution-finding with the assistance of the mediator, a third party with no stake in the outcome. Litigation prolongs disputes, relationships between parties break down due to the protracted nature of the process and the outcome is determined in favour of only one party. ADR developed as a mode to counteract the less than desirable effects of litigation. Efficacy of mediation as method Mediation is useful in matters that “do not involve complex questions of law or evidence (though mediation is being resorted to in complex financial and other disputes of late) and which are not dependent on lengthy procedures for final determination”. 1 Mediation as a method of dispute resolution may be applied to a wide range of civil matters and...