EFFECTIVENESS OF MEDIATION IN RESOLVING COMMERCIAL DISPUTES: A CASE STUDY APPROACH
DOI:
https://doi.org/10.29121/shodhkosh.v4.i2ECVPAMIAP.2023.4538Keywords:
Mediation, Commercial Disputes, Alternative Dispute Resolution (ADR), Case Law, India, Conflict Resolution, Business Disputes, Legal FrameworkAbstract [English]
This research paper examines the efficacy of mediation as a means of resolving commercial disputes in India, with emphasis on its application through a comprehensive case study methodology. The Indian judicial system has traditionally been plagued by the ills of time-consuming, costly, and confrontational litigation procedures, leading to the growing adoption of alternative dispute resolution (ADR) mechanisms. Among the different ADR methods, mediation has proven to be an economical, adaptable, and non-confrontational method of resolving commercial disputes. The paper discusses the different benefits of mediation, such as saving time and money, maintaining business relationships, and providing a confidential setting for negotiation. But it also critically analyzes the pitfalls and shortcomings of the mediation process, including the voluntary nature of the participation, the non-binding nature of the mediated agreements unless formalized, and the possibility of power imbalances between the parties.
Through the examination of landmark Indian case studies and the pertinent legal principles, this paper points out how mediation has been used effectively across different commercial industries, including construction, insurance, and intellectual property. Landmark case laws like S.P. Chengalvaraya Naidu v. Jagannath and National Insurance Co. Ltd. v. Harsiddh Construction are analyzed to illustrate the practical efficacy of mediation in commercial disputes. The article also cites major legislation, such as the Arbitration and Conciliation Act, 1996, and the Commercial Courts Act, 2015, which have been instrumental in facilitating ADR mechanisms, particularly mediation, in India's commercial industry.
The report highlights the increasing awareness of mediation as a better alternative to conventional litigation in India. The paper suggests improvements in the effectiveness of mediation through recommendations like the use of mediation clauses in contracts, increased training for mediators, and the creation of awareness about the benefits of mediation in commercial disputes.
References
Sharma, R. K. & Sethi, A. (2018). Alternative Dispute Resolution: A Practical Guide for Practitioners in India. New Delhi: LexisNexis.
Mendelson, D. (2016). Mediation in India: A New Horizon for Dispute Resolution. Journal of Dispute Resolution, 32(2), 123-141.
Raghavan, V. (2017). Mediation and Conciliation in India: Law and Practice. Mumbai: Eastern Book Company.
Singh, S., & Kumar, N. (2020). Commercial Dispute Resolution in India: Challenges and Reforms. Indian Journal of Arbitration Law, 13(1), 45-67.
Bhagat, R. (2021). The Role of Mediation in Reducing Judicial Backlog in India. Legal Review Journal, 34(1), 88-112.
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Copyright (c) 2023 Pradeep Kumar Bharadwaj, Dr. Pavan Kumar K I
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