Louis Hockman, principal of ADRx. Courtesy photo Will India's New Mediation Act Change the Landscape of ADR Worldwide?
Disputants, domestic and foreign, will welcome the efficiency that mediation offers as compared to traditional litigation. Attorneys representing parties which do (or will do) business are urged to look closely at the act.
January 08, 2024 at 12:59 PM
7 minute read
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Mediation has deep roots in India. Evidence of mediation is found in ancient Sanskrit epics. Over the past 2,000-plus years, community disputes within the sub-continent have traditionally been mediated by local village elders. See "Journal of Legal Studies and Research" [Vol. 2 Issue 5] ISSN 2455-2437 "Dispute Resolution in Rural India: An Overview," Laju P. Thomas. With deference to this history, India, on Sept. 14, 2023, through an Act of Parliament and assent of the president, authorized "the Mediation Act, 2023" (the act). See India's MediationAct2023.pdf (legalaffairs.gov.in). The stated goals of the act include:
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