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INTERNATIONAL JOURNAL OF CREATIVE RESEARCH THOUGHTS - IJCRT (IJCRT.ORG)

International Peer Reviewed & Refereed Journals, Open Access Journal

IJCRT Peer-Reviewed (Refereed) Journal as Per New UGC Rules.

ISSN Approved Journal No: 2320-2882 | Impact factor: 7.97 | ESTD Year: 2013

Call For Paper - Volume 14 | Issue 3 | Month- March 2026

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  Published Paper Details:

  Paper Title

A CRITICAL ANALYSIS OF THE MEDIATION ACT,2023

  Authors

  Dr. Samina Nahid Baig

  Keywords

ADRS, Mediation, Out of Court Settlements, Section 89 CPC, Dispute Resolution

  Abstract


The Mediation Act, of 2023, marks a significant shift in India's dispute resolution framework by institutionalizing mediation as a preferred alternative to litigation. The Act aims to streamline and promote mediation as a formal process, ensuring the enforceability of mediated settlements and encouraging pre-litigation mediation in civil and commercial disputes. However, while the legislation introduces a structured mechanism, it has shortcomings. One of the Act's key strengths is its emphasis on mandatory pre-litigation mediation for civil and commercial disputes, which could reduce the judicial backlog and promote faster resolution. The Act also provides online mediation, making dispute resolution more accessible and cost-effective. Additionally, it ensures confidentiality and voluntariness in the mediation process, which is crucial for fostering trust between parties. The recognition of mediated settlements as legally binding agreements, enforceable like court decrees, further strengthens their efficacy. Despite these advancements, the Act has several limitations. The mandatory nature of pre-litigation mediation may be counterproductive, especially in cases where parties are unwilling to mediate or where power imbalances exist. The Act also excludes certain disputes, such as those involving criminal offences, rights of third parties, and matters concerning public policy, which may limit its broader applicability. Additionally, concerns remain regarding the qualification and regulation of mediators, as the Act does not establish a robust accreditation system. The lack of provisions addressing power asymmetry in mediation, especially in disputes involving marginalized groups, could lead to unfair outcomes. Furthermore, the Act's enforcement mechanisms and procedural clarity need further refinement, particularly in ensuring that mediated settlements do not contradict existing legal rights and precedents. The success of the Act will largely depend on its implementation, mediator training, and judicial support. In conclusion, while the Mediation Act, of 2023, is a progressive step toward institutionalizing mediation in India, its effectiveness will depend on addressing practical challenges, ensuring inclusivity, and refining regulatory frameworks. A more nuanced approach, particularly in balancing mandatory mediation with party autonomy and ensuring mediator competence, will be necessary for its long-term success. The researcher will explore the new Mediation Act, of 2023 and present a critical analysis of the same.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2508622

  Paper ID - 292865

  Page Number(s) - f438-f448

  Pubished in - Volume 13 | Issue 8 | August 2025

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  Dr. Samina Nahid Baig,   "A CRITICAL ANALYSIS OF THE MEDIATION ACT,2023", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.13, Issue 8, pp.f438-f448, August 2025, Available at :http://www.ijcrt.org/papers/IJCRT2508622.pdf

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Call For Paper March 2026
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ISSN and 7.97 Impact Factor Details


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ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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ISSN and 7.97 Impact Factor Details


ISSN
ISSN
ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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