A Modernized Pathway to Institutionalization and Privatization of Mediation in India

Authors

  • Yonghwan Choung Jindal Global University
  • Saloni Kumari Jindal Global University

Keywords:

Pendency, ADR, Mediation, Institutionalization, Privatization, Early mediation

Abstract

“JUSTICE DELAYED IS JUSTICE DENIED” can be completely related to the current situation in India. As of September 15, 2021, over 45 million cases were pending across all courts in India. It is high time for India to adopt an improvised solution to tackle the issue. Considering the ongoing endemic of pendency of cases in Indian courts, there is an urgency that, ‘Alternative Dispute Resolution’ mechanisms to no longer remain ‘alternative’ but become ‘primary’ and the most preferred modes of dispute resolution. Mediation is one such mode of dispute resolution which, if implemented efficiently has the potential to revolutionize the entire legal system and solve the issue of pendency in India. To mainstream mediation in Indian society the author proposes for Institutionalization and Privatization of mediation following the ‘Early mediation’ and ‘Opt-Out Model’.

Author Biographies

Yonghwan Choung, Jindal Global University

Associate Professor, School of Law, O.P. Jindal Global University, LLM, SJD Maurer School of Law, Indiana University.

Saloni Kumari, Jindal Global University

Assistant Lecturer, School of Law, O.P. Jindal Global University, LLM National Law University, Delhi.

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Published

2023-09-17

Issue

Vol. 4 No. 8 (2022): Jul./Dez.

Section

Artigos

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