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Adopting a Transformative Vision for Mediation
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Context
Chief Justice of India, Justice D.Y. Chandrachud, emphasizes the importance of mediation over litigation, aligning with the Mediation Act, 2023, which aims to revolutionize alternative dispute resolution in India.
Expanding Scope and Role of Mediation:
- Legislative Framework: The Mediation Act, 2023, formalizes mediation and introduces various forms, including pre-litigation and court-annexed mediation, to facilitate amicable settlements through neutral mediators.
- Recognition and Evolution: Former Supreme Court judge, Justice S.K. Kaul, acknowledges the evolving acceptance of mediation within the legal community, highlighting its synergistic role alongside established legal procedures.
- Philosophical Shift: Mediation, echoing Mahatma Gandhi's ethos, emphasizes reconciliation and healing, steering away from adversarial confrontation towards dialogue and understanding, thus fostering a democratic space for conflict resolution.
Challenges and Solutions in Mediator Skill Development:
- Barriers to Entry: Current guidelines mandate 15 years of professional experience for mediators, posing challenges for aspiring mediators transitioning from law school, where advocacy is emphasized.
- Integrated Learning Approach: There is a need for integrated legal education that allows legal professionals to seamlessly switch between advocacy and mediation roles, enhancing their effectiveness in both.
- Innovative Training Methods: Incorporating co-mediation and shadow mediation under the Mediation Act, 2023, provides practical exposure and dynamic learning experiences for emerging mediators, ensuring comprehensive skill development.
Mains Question:
Discuss the significance of the Mediation Act, 2023, in transforming dispute resolution in India.
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