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Published Paper Details:
Impact of Mediation Proceedings under the Mediation Act, 2023
Authors
MADHUMITA BHADURI,DR.M.P MALI
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Keywords
Mediation Act, 2023; Mediation Proceedings; Alternative Dispute Resolution (ADR); Pre-Litigation Mediation; Enforceability of Settlement Agreements; Access to Justice; Judicial Backlog; Confidentiality in Mediation; Mediation Council of India; Online and Community Mediation
Abstract
ABSTRACT
The enactment of the Mediation Act, 2023 marks a significant transformation in India's dispute resolution framework by providing a comprehensive statutory foundation for mediation as an effective alternative to adversarial litigation. The Act seeks to institutionalize mediation, promote consensual dispute resolution, and reduce the burden on the already overburdened judicial system. This research paper critically examines the impact of mediation proceedings introduced under the Mediation Act, 2023, with particular emphasis on its legal, social, and institutional implications.
The study adopts a doctrinal and analytical research methodology, relying on statutory provisions, judicial precedents, policy documents, and scholarly literature to evaluate the effectiveness of mediation under the new legal regime. The paper analyses key features such as mandatory pre-litigation mediation, time-bound procedures, confidentiality of proceedings, legal enforceability of mediated settlement agreements, and the establishment of the Mediation Council of India. These provisions collectively aim to enhance efficiency, accessibility, and public confidence in mediation mechanisms.
The research highlights that mediation proceedings under the Act have the potential to significantly reduce judicial backlog, lower litigation costs, expedite dispute resolution, and preserve interpersonal and commercial relationships. Additionally, the recognition of online and community mediation expands access to justice, particularly for rural and marginalized populations. However, the paper also identifies critical challenges, including concerns regarding mandatory mediation, uneven quality of mediators, lack of public awareness, and possible enforcement complexities.
The study concludes that while the Mediation Act, 2023 represents a progressive step toward collaborative justice, its long-term success depends on effective implementation, continuous training of mediators, institutional support, and judicial cooperation. The Act has the capacity to reshape India's dispute resolution culture, provided it balances efficiency with fairness and voluntary participation.
IJCRT's Publication Details
Unique Identification Number - IJCRT2601515
Paper ID - 300659
Author type - Indian Author
Page Number(s) - e183-e194
Pubished in - Volume 14 | Issue 1 | January 2026
DOI (Digital Object Identifier) -
No Of Downloads - 61
Author Country - India, 342008, JODHPUR RAJ, JODHPUR RAJ, 342008, Arts1 All
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MADHUMITA BHADURI,DR.M.P MALI, "Impact of Mediation Proceedings under the Mediation Act, 2023", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.14, Issue 1, pp.e183-e194, January 2026, Available at :http://www.ijcrt.org/papers/IJCRT2601515.pdf
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