Year: 2025
Type: article
Abstract: The Mediation Bill, 2023, marks a pivotal moment in India's journey toward institutionalizing alternative dispute resolution (ADR), particularly mediation.This paper critically examines the Bill's provisions, assessing whether it truly advances the practice of mediation or falls short of addressing fundamental challenges.The analysis focuses on key elements such as the promotion of institutional mediation, mandatory pre-litigation mediation, enforcement mechanisms, and concerns about confidentiality and neutrality.Relevant case law, international comparisons, and statutory references are used to contextualize the discussion.Ultimately, the paper argues that while the Bill is a commendable step forward, it leaves several practical and conceptual gaps unaddressed.
Author: Vinayak Khatri
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4410339172