Mediation: As A Mode Of Alternate Dispute Resolution

The provision of mediation as a mode of adr in the indian legal system, dates back to year 1947 when the industrial disputes act, was passed…

- Atul Juvle

The six months of the COVID-19 lockdown are transforming the way of doing business and office working, with the emergence of the new normal, we all have realized that newer opportunities are taking time in shaping up. The stuck-up projects, have started to move into the new normal. Excluding a few, all the businesses and individuals are fighting the real-life challenges in managing cash flow to survive and grow. This has not left business or individuals, with either luxury of litigations or waiting endlessly for legal solutions. Judiciary continuing dealing with urgent matters, restrictions on IBC clauses, for the small and mid-size business disputes, litigations alternative has become really a luxury. This all leads to one road to unlock the business opportunities stuck up in the litigation and also to the matters which are at the stage of entering into litigation, by looking objectively at alternative methods of dispute resolution. Good lawyers/law firms are already suggesting to move to alternate dispute resolution (ADR) – with a focus on Mediation – a speedy, easy and economical option.

The provision of Mediation as a mode of ADR in the Indian legal system, dates back to year 1947 when The Industrial Disputes Act, was passed with a provision to recognize Mediation as a method of resolving disputes. This was keeping in mind providing the option of quick, confidential and forward-looking relations method of resolving disputes. The usage of the same remains restricted to industrial relations.