The Indian government is set to establish the Mediation Council of India (MCI) by the end of the year, aiming to promote out-of-court dispute resolution and enhance the ease of doing business in the country. The MCI, formed under the Mediation Act of 2022, will oversee the regulation, education, and certification of mediators, ultimately aiming to make mediation a preferred method for dispute resolution, particularly for businesses.
India’s Mediation Act, 2023, is revolutionizing dispute resolution by promoting amicable settlements through mediation. The act formalizes mediation and includes various forms, such as pre-litigation, court-annexed, online, and community mediation. Mediation is seen as a synergistic approach to traditional legal procedures, fostering open dialogue and reconciliation. However, barriers to skill development exist, including the current requirement of 15 years of professional experience for mediators. To address this, innovative training methods like co-mediation and shadow mediation should be incorporated into the Mediation Act, 2023, alongside a structured mediation training module in law school curriculum. By empowering the next generation of mediators and integrating mediation into legal education, India can cultivate a robust mediation culture and enhance the efficiency and harmony of its justice system.
