Definition
Assisted negotiation.
Voluntary process of dispute resolution with mediator.
Statutory Definition
Mediation Act, 2023.
Etymology & Origin
From Latin 'mediare' meaning 'to be in the middle'. Historically an informal dispute resolution method, now highly formalized in modern Alternative Dispute Resolution (ADR) systems.
Full Legal Analysis
Mediation is a form of Alternative Dispute Resolution (ADR) where a neutral third party, the mediator, assists disputing parties in negotiating a mutually acceptable settlement. Unlike arbitration or litigation, the mediator does not impose a decision.
It is fundamentally a voluntary and confidential process. The power to resolve the dispute remains entirely with the parties. The mediator's role is to facilitate communication, identify underlying interests, and help explore potential solutions.
Courts actively encourage mediation to reduce case pendency. Section 89 of the Civil Procedure Code allows courts to refer pending cases to mediation. The Mediation Act, 2023 further strengthens this by recognizing mediated settlement agreements as legally enforceable decrees.
The Supreme Court laid down comprehensive guidelines for courts on referring matters to ADR mechanisms, including mediation, under Section 89 of the CPC.
Advocates must remember that mediation is non-adversarial. A successful mediation relies on cooperation and compromise rather than aggressive legal posturing. Agreements reached are binding and generally not subject to appeal.
This Term in Indian Statutes
Mediation Act, 2023, 2023
"Defines mediation as an assisted negotiation process for amicable settlement."
The primary statutory definition governing formalized mediation in India.
Code of Civil Procedure, 1908, 1908
"Allows courts to refer disputes to arbitration, conciliation, judicial settlement, or mediation."
Provides the procedural mechanism for court-annexed mediation.
