Facilitating Mediation: Government Strategies For Effective Dispute Resolution

Abstract

Mediation, in its simplest form, is a process that assists an impartial third party to achieve a  voluntary and negotiated solution to the problem under consideration by the parties to the dispute. The proponents facilitate communication between the parties to the dispute and enable the parties to the dispute to clearly understand the distinction and achieve a mutually acceptable reconciliation. However, you do not have the authority to impose choices on the parties. Mediation has emerged as the most widely used dispute resolution mechanism for resolving marriage disputes. Proponents of mediation are beneficial mechanisms because mediation protects family relationships and children from experiencing the severity of the traumatic process normally associated with typical divorce, while at the same time providing prompt justice. There are many blessings related to mediation of the marriage status, including confidentiality, price validity, informal procedures, administrative authority, complete freedom of the parties who refuse the result, and reciprocity. And the most striking and essential feature is that it follows the principles of timely justice.
The focus of the legal system can be shifted from adjudication to amicable settlement of conflicts through mediation, which has the potential to make a large qualitative difference. Evaluation of the operation and implementation of the mediation process is crucial and serves as a key indicator for gauging the field's acceptance by society as it continues to grow and expand throughout India. It helps to identify the problems and needs from the perspective of the parties attending the mediation.
Undoubtedly, understanding the varied aspects of mediation, which is a dynamic process, can help the system be more responsive to the parties' demands. Many States are also taking indicative in promoting mediation as an effective tool for dispute resolution. The study focuses to make an appraisal of mediation and has comprehensive legislation exclusively for the same.