Mediation has deep roots in India. Evidence of mediation is found in ancient Sanskrit epics. Over the past 2,000-plus years, community disputes within the sub-continent have traditionally been mediated by local village elders. See “Journal of Legal Studies and Research” [Vol. 2 Issue 5] ISSN 2455-2437 “Dispute Resolution in Rural India: An Overview,” Laju P. Thomas. With deference to this history, India, on Sept. 14, 2023, through an Act of Parliament and assent of the president, authorized “the Mediation Act, 2023” (the act). See India’s MediationAct2023.pdf (legalaffairs.gov.in). The stated goals of the act include:
“developing India to be a robust centre for domestic and international mediation”, “to promote and facilitate mediation, especially institutional mediation, … provide for a body for registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost effective process …”
Considering these ambitious goals, the act is a significant development in the field of alternative dispute resolution (ADR) in and outside of India.
