Unveiling Deficiencies in ADR Procedures: A Comprehensive Analysis of Mediation Processes

Abstract

It is not conducive for many to walk into the adjudicating Courts to be called as litigants.  Such similarity of dejection and distancing is also witnessed among the people while they are required to consult a Doctor or the Police.  Litigation is an unwanted event to the overall wellbeing of the community.  The sad reality of human existence is that a section of people are involved in creating lawlessness and precipitating disputes willingly towards never ending horizons.  This has led to the procrastination and pendency of litigations in our diversified country.  Human need and greed to achieve and claim ownership over sizeable things and resources has become the order of human evolution.  Lawlessness has dominated the human ways.  To curb and mitigate such lawlessness and bring about effective human harmony, we have statutes, Courtrooms and organizational structures of Law. 

It is witnessed that disputes renovate with time and changing economy, society, culture and standards of living.  Racing in same pace, the process of law is also changing, amended and dynamic ways of dispute resolutions mechanisms are practiced.  Mediation is one such mechanism considered to be an effective form of alternative dispute resolution mechanism professed under Section 89 of the Code of Civil Procedure.  Worldwide, mediation as a process is gaining popularity as it is simple, highly party centric and confidential all through.  Therefore, the impetus given to this form of dispute resolution is gaining momentum to the extent that legislature is in the verge of passing an exclusive enactment on the process of mediation. 

The authors herein are evaluating the process of mediation by specifically identifying the loopholes and such other grey areas in the entire process.  This paper shall be an effort to identify the existing impediments and limitedly suggest alternatives to enhance the effectivity of the process of the mediation as it intended to be.