Mandatory Mediation

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 Effectiveness of the Indian judicial system is being criticised time and again for the number of pending litigations. Though techniques of alternative dispute resolution have played a great role in reducing the burden of the courts, the Indian judiciary is still facing the issue of huge pendency of cases. The technique of mediation has been accepted to be a potential factor for resolving disputes outside the court with least cost and time. Despite its numerous benefits Indian judicial system has somewhat failed to effectively realise its success at mediation. Existing framework does not make pre mediation a compulsory practice to be followed by parties.

In India litigating parties are not comfortable in using the process of mediation as they think mediation is not the method which can effectively punish the wrongdoer. Parties are more willing to take opposite party to the court to make their life more problematic. Litigation is more effective for punishing the wrongdoer. When client come to court or advocate with such a thought then it becomes difficult for a lawyers to suggest them about the mediation or any other ADR process.

Many of the problems that Indian mediation system is facing is due to lack of confidence of parties in the process of mediation. Most of the problems associated with the mediation is due to its own institutional framework. We can introduce mediation as a mandatory process before every civil suit. 

Mandatory mediation can be a effective means for attracting the attention of the parties towards the optimisation of the mediation technique.By mandatory mediation it is not meant that parties will be forced to settle their disputes by way of mediation only rather it refers to mandatorily opting of mediation process by the parties before instituting any formal civil proceeding. This will help in developing faith of the parties on the system of the mediation. Judges and lawyers must also be trained in such a manner so that they can help and motivate the parties to go the settlement by way of mediation. Judges must get the incentive for settling matter between the parties outside court without going into any judicial process.

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