Published Paper Details:

The Mediation Act, 2023 ("the Act") represents a landmark step in India's legal reform agenda, aiming to institutionalize mediation as a credible and enforceable mode of alternative dispute resolution (ADR). It consolidates the fragmented legal framework on mediation, ensures the enforceability of Mediated Settlement Agreements (MSAs), and establishes the Mediation Council of India (MCI) as a regulatory and developmental authority. Globally, mediation is recognized for being cost-effective, confidential, and time-efficient. In India, however, mediation had remained underutilized due to the absence of statutory backing, limited public awareness, and deep-rooted cultural hierarchies that favor adjudicatory authority. By introducing a comprehensive framework, the Act enhances access to justice, reduces court pendency, and aligns India with international ADR trends. Yet, challenges persist; notably, the exclusion of provisions relating to the Singapore Convention on Mediation, unresolved questions regarding confidentiality exceptions, and limited clarity on mediator conduct and training. The Act's success ultimately depends on its ability to integrate legal, cultural, and institutional dimensions, thereby creating a robust ecosystem that balances party autonomy with the need for regulatory oversight.