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Horizons of Dispute Redressal and Mediation Mechanism in Indian Knowledge System: Analysing the Bridge From Ancient to Modern Era

Year: 2025
Type: article
Abstract: This study aims to explore the various conflict resolution mechanisms embedded in Indian Knowledge Systems (IKS), particularly focusing on traditional methods, their ethical underpinnings, and their relevance in contemporary mediation practices. The research utilizes an analytical and comparative approach, drawing from primary and secondary sources to examine ancient, classical, and modern traditions of mediation and conflict resolution.The study delves into the Vedic and Upanishadic perspectives, emphasizing the concepts of Rta (cosmic order) and Dharma (righteous duty), and the role of dialogue (Samvada) in dispute resolution. It further explores the legal frameworks provided by Dharmashastra and Smriti texts, where kings, elders, and village councils were integral in maintaining peace. The research also highlights the indigenous dispute resolution mechanisms practiced by village councils (Panchayati Raj and Nyaya Panchayats) and local communities, focusing on consensus-based decision-making. Kautilya's Arthashastra and medieval Indian traditions further underscore the importance of diplomacy and conciliation. The study concludes by discussing the influence of Indian mediation traditions on modern Alternative Dispute Resolution (ADR) systems, with special emphasis on Mahatma Gandhi's philosophy of non-violent negotiation. A comparative analysis is drawn between Indian and Western approaches, offering insights into their integration for global peace building.
Language: English
Open Access status: diamond
OpenAlex ID: W4409210916
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Cites: 1
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Related to: 10