TRANSFORMING JUSTICE DELIVERY IN INDIA: A CRITICAL SOCIO-LEGAL ANALYSIS OF THE MEDIATION BILL, 2021 AND THE EMERGENCE OF THE MEDIATION ACT, 2023

Povzetek

Explores the metamorphosis of the dispute resolution system in India from the Mediation Bill 2021 to Mediation Act 2023. The study deals with mediation as an accessible, quick and consensual dispute resolution method and it explores party autonomy, procedural fairness, institutional regulation and access to justice. It covers the aims of analysing the concept and the legislative development of mediation, comparing the 2021 Bill and the 2023 Act and fixing the effectiveness and prospects of mediation. The methodology chosen is qualitative and is based on doctrinal and analytical study of the law, precedents, law databases, Parliamentary documents and secondary sources. The results show that the Act is a structured platform for pre-litigation, institutional, online and community mediation, but implementation requires trained mediators, institutional capacity and awareness and digital access. Effective implementation enhances mediation's role in justice delivery and empirical, comparative and longitudinal study is recommended, the study concludes.