THE MEDIATION ACT, 2023: TRANSFORMING INDIA'S DISPUTE RESOLUTION LANDSCAPE - A CRITICAL ANALYSIS OF ITS CONSTITUTIONAL, INSTITUTIONAL, AND PRACTICAL CHALLENGES
S. Angel
Chettinad School of Law, Chettinad University, Kelambakkam -603103, Tamil Nadu, India
Abstract
The Mediation Act, 2023 represents India's first legislative effort to institutionalize Alternative Dispute Resolution (ADR), thereby establishing a paradigm shift in the country’s overburdened justice delivery system. This paper offers a critical analysis of the Act's transformative nature through three interconnected perspectives-constitutional, institutional, and practical challenges.
The constitutional requirement for pre-litigation mediation (PLM), aimed at enhancing efficiency, raises considerable issues regarding its conformity with the basic Right to Access Justice outlined in Article 21. The PLM clause is perceived as a potential unreasonable procedural limitation unless courts guarantee genuine participation and maintain party autonomy in the face of legislative influence. Thus, the implementation of the new Mediation Act is inherently linked to the efficiency and timely formation of the Mediation Council of India (MCI), which is yet to be created. However, it poses a significant challenge: establishing rigorous, standardized accreditation for mediators, resolving jurisdictional conflicts with existing court-related centers, and bridging the considerable digital divide to ensure secure and accessible online mediation
Practically, the Act must contend the entrenched culture of adversarial legal practices in India. The ability to enforce mediated settlement agreements (MSAs) as court orders represents significant advancement, but this benefit may be reduced if enforcement procedures encounter extended, hidden contentious issues. Notably, one of its potentially transformative aspects will be a structurally delicate execution, dependent on constitutional endorsement, institutional advancement, and deliberate cultural reconfiguration of conflict resolution. These commitments, nonetheless, will materialize only with assertive judicial support, targeted government financing for institutional infrastructure, and deliberate cultural changes towards perceiving litigation as the typical means for settling conflicts.
Keywords: Pre-Litigation Mediation (PLM) , Access to Justice, Mediation Council of India (MCI), Alternative Dispute Resolution (ADR), Party Autonomy, Institutional Challenges
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EPRA International Journal of Multidisciplinary Research (IJMR)
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Published on : 2025-11-05
| Vol | : | 11 |
| Issue | : | 11 |
| Month | : | November |
| Year | : | 2025 |