Author: Mahreen Sihag, Student at Rajiv Gandhi National University of Law (RGNUL), Punjab
One could be certain that going to court is the best course of action if one finds oneself in the middle of a legal issue, especially if the case is compelling. Who would not want to see justice carried out quickly and effectively? However, it is crucial to take into account alternate dispute resolution processes like mediation before moving forward with a lawsuit. In reality, data demonstrate that between 70 and 80 percent of mediated cases end in a settlement, demonstrating the potency of this strategy.
Even when a case seems unwinnable, one could be astonished to realize that mediation offers a number of advantages. For instance, a disagreement between Apple and Samsung was effectively resolved in 2012 with an agreement that was mutually beneficial. These real-world instances show the potential advantages of using mediation, even in challenging and intense legal conflicts.
In simple terms, mediation proceedings include an impartial third party, the mediator, who assists the parties in resolving their conflict in a mutually agreeable way. Mediation is an effective and economical way of achieving the result while keeping the parties’ relationship intact.
Costs associated with legal proceedings are exorbitant. The situation is worse in India because of the delays. Nearly five crore cases are currently pending in Indian courts, and this number keeps growing annually.
The Indian Parliament passed the Mediation Bill, 2023, in order to lessen this burden on the courts and litigants. It is the first law of its kind in the nation that only addresses mediation to resolve conflicts.
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