Mediation as a Prominent Dispute Resolution Mechanism

Getting justice from the Indian courts these days is highly costly and time-consuming. There are too many cases in the Indian courts. "Around five major cases are still pending in Indian courts at various levels as of December 31st, 2022" (NDTV, 20232). William Edward Gladstone famously said, "Justice delayed is justice denied." This suggests that justice will not be considered genuine justice if it is not provided on time or if it is offered later. Time is therefore extremely valuable in the judicial delivery system. As a kind of Alternative Dispute Resolution (ADR), mediation has emerged as a key tool for settling conflicts amicably (Nasir, 2020). Through mediation, the parties can reevaluate their rights and shared interests and develop new conflict resolution strategies. In general, the court process is formal, but mediation is more efficient, simpler, more useful, quicker, and less expensive. As a result, among arbitration, conciliation, and negotiation, mediation has emerged as the most often used technique in alternative resolution systems

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Publication Details

Journal
International Journal For Multidisciplinary Research
Published
2024-10-27
DOI
https://doi.org/10.36948/ijfmr.2024.v06i05.29358
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

Mediation as a Prominent Dispute Resolution Mechanism

S. Sindhu, Nilima Shukla
International Journal For Multidisciplinary Research
Digital Transformation in Law
article

Mediation as a Prominent Dispute Resolution Mechanism

S. Sindhu, Nilima Shukla
article en

Abstract

Getting justice from the Indian courts these days is highly costly and time-consuming. There are too many cases in the Indian courts. "Around five major cases are still pending in Indian courts at various levels as of December 31st, 2022" (NDTV, 20232). William Edward Gladstone famously said, "Justice delayed is justice denied." This suggests that justice will not be considered genuine justice if it is not provided on time or if it is offered later. Time is therefore extremely valuable in the judicial delivery system. As a kind of Alternative Dispute Resolution (ADR), mediation has emerged as a key tool for settling conflicts amicably (Nasir, 2020). Through mediation, the parties can reevaluate their rights and shared interests and develop new conflict resolution strategies. In general, the court process is formal, but mediation is more efficient, simpler, more useful, quicker, and less expensive. As a result, among arbitration, conciliation, and negotiation, mediation has emerged as the most often used technique in alternative resolution systems

International Journal For Multidisciplinary ResearchVol. 6(5)
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Openalex Percentile: Top 66%
Digital Transformation in Law
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Mediation as a Prominent Dispute Resolution Mechanism — S. Sindhu, Nilima Shukla · International Journal For Multidisciplinary Research (2024) | TGRS Research Map | TGRS