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Mediation in India .pdf
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🔗 Source: www2.mediate.com
📊 Size: 189 KB
👤 Author: Tara Ollapally
⬇️ Downloads: 110

Summary

Mediation was introduced in India through the insertion of Section 89 to the Code of Civil Procedure in 1999, and the Supreme Court's landmark judgment in 2005 led to the establishment of court-annexed mediation centers. Despite this, challenges such as a strong adversarial mindset, resistance from lawyers, and lack of awareness about mediation have hindered its growth. Other challenges include judges not actively promoting mediation, unstructured growth of the mediation movement, and the lack of umbrella mediation legislation. To address these challenges, efforts have been made to introduce mediation legislation, including provisions in the Commercial Courts Act, Consumer Protection Act, Companies Act, and Family Courts Act. However, there is still a need for an all-encompassing mediation legislation, which the Supreme Court has acknowledged, and a committee has been set up to prepare a draft legislation.

Description

Mediation was introduced in India through the insertion of Section 89 to the Code of Civil Procedure in 1999, and the Supreme Court's landmark judgment in 2005...

Technical Information

  • File Format: PDF
  • File Size: 189 KB
  • Pages: 6
  • Language: EN
  • Author: Tara Ollapally
  • Total Downloads: 110
  • Last Updated: 7 hours ago

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