Mediation Bill, 2023: A Step Forward Or Missed Opportunity?

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.

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Publication Details

Journal
International Journal of Research Publication and Reviews
Published
2025-04-01
DOI
https://doi.org/10.55248/gengpi.6.0425.1661
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.00
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article

Mediation Bill, 2023: A Step Forward Or Missed Opportunity?

Vinayak Khatri
International Journal of Research Publication and Reviews
Dispute Resolution and Class Actions
article

Mediation Bill, 2023: A Step Forward Or Missed Opportunity?

Vinayak Khatri
article en

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.

International Journal of Research Publication and ReviewsVol. 6(4)
Reduced inequalities
Openalex Percentile: Top 85%
Dispute Resolution and Class Actions
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