Context-

In an era plagued by judicial backlog and prolonged litigation, the directive from the Chief Justice of India, Justice D.Y. Chandrachud, in April 2024, to "mediate, not litigate," resonates with increasing urgency. The Mediation Act, 2023, notified on September 15, 2023, promises a transformative shift towards alternative dispute resolution (ADR). This legislation not only formalizes mediation but also provides a comprehensive definition that includes pre-litigation and court-annexed mediation, online platforms, and community mediation among its forms. All these efforts aim at facilitating amicable settlements through the intervention of a neutral mediator.

The Evolution and Importance of Mediation

●       Justice Kaul underscored that mediation should not be seen as a replacement for established legal procedures such as the Insolvency and Bankruptcy Code (IBC) but rather as a synergistic approach.

●       Echoing the ethos of Mahatma Gandhi, who saw the true role of a lawyer not in litigation but in uniting parties in dispute, mediation reorients the focus from adversarial confrontation to reconciling differences and healing relationships. As peacemakers, mediators foster a democratic space for open dialogue, allowing individuals to express their emotions and grievances freely, thereby paving the way for mutual understanding and the restoration of balance.

●       Expanding the Scope of Mediation: This narrative underscores our collective need to integrate mediation more deeply into our dispute resolution framework and, more importantly, cultivate a new generation of mediators.

●       Reduced burden on Court: As of May 2022, over 4.7 crore cases are pending in Indian courts, with 87.4% in subordinate courts and 12.4% in High Courts. To reduce this backlog, the Supreme Court's Mediation and Conciliation Project Committee endorses mediation as an effective alternative for conflict resolution.

Barriers to Skill Development

Addressing barriers is crucial for the effective implementation of the Mediation Act, of 2023.

●       Professional Experience Requirement: The Mediation Act, 2023 requires aspiring mediators to have 15 years of professional experience, ensuring deep domain understanding but delaying entry into the field and limiting the mediator pool.

●       Transition from Advocacy to Mediation: Law students are trained to advocate strongly for clients, a skill essential for litigation but contrasting sharply with the mediator’s need for neutrality and impartiality. This creates a disconnect in legal training, requiring professionals to unlearn advocacy skills when transitioning to mediation.

●       The Need to Unlearn and Relearn: Legal professionals face challenges in shifting from an adversarial mindset to one focused on neutrality. This transition is difficult and can cause inefficiencies, highlighting the need for continuous learning that integrates both advocacy and mediation skills.

●       Continuous, Integrated Learning: An integrated approach in legal education, combining continuous learning modules with core mediation competencies, would maintain and enhance mediator skills throughout a legal career. This would involve embedding mediation training into law school curricula and ongoing professional development programs.

Fostering the Next Generation of Mediators

●       Innovative Training Methods: To elevate mediation effectiveness, recognizing skills beyond traditional legal expertise is essential. The Mediation Act 2023 should incorporate innovative training methods like co-mediation and shadow mediation for young lawyers.

○        Co-mediation pairs novice mediators with experienced ones in actual sessions, facilitating active skill observation and practice.

○        Shadow mediation allows novices to observe without direct involvement, gaining insights into the mediation process and conflict resolution strategies.

●       Integrating Mediation Training into Legal Education: Embedding a structured mediation training module within the law school curriculum is vital. Early exposure to mediation training ignites students' interest and equips them with critical skills for resolving disputes empathetically and efficiently. This shift from adversarial litigation to collaborative problem-solving instills values of empathy, active listening, and impartiality in future lawyers.

●       The Role of Legal Institutions and Policymakers: Legal institutions and policymakers play a crucial role in fostering a robust culture of mediation. They need to provide resources and support for mediation training programs, ensuring accessibility for a broad range of legal professionals. This includes scholarships, workshops, seminars, conferences, grants, and financial assistance to encourage diverse participation.

●       Leveraging Technology for Mediation: Leveraging technology can significantly enhance mediation's accessibility and efficiency. Online dispute resolution platforms offer tools like video conferencing, document sharing, and virtual negotiation spaces to facilitate mediation.

The Impact of Mediation on Society

●       The broader impact of mediation on society cannot be overstated. By promoting a culture of dialogue and understanding, mediation can contribute to social harmony and reduce the burden on the judicial system. It can help resolve conflicts in a way that preserves relationships and fosters long-term cooperation, benefiting individuals, businesses, and communities.

●       Mediation also offers a more inclusive approach to dispute resolution, providing access to justice for those who may be marginalized or unable to afford traditional litigation. It empowers parties to take control of the resolution process and find mutually agreeable solutions, promoting a sense of ownership and satisfaction with the outcome.

Conclusion

The Mediation Act, 2023, represents a significant step towards integrating mediation into India's dispute resolution framework. However, to fully realize its potential, it is essential to address the barriers to skill development and foster a new generation of mediators. By empowering the next generation of mediators with the tools to succeed, we will be setting the stage for a more peaceful and collaborative future. Let us seize this opportunity to foster a robust culture of mediation, ensuring that every mediator not only learns the craft but also masters the art of peacemaking.

Source- The Hindu