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Explore cutting-edge research, expert analysis, and practical insights in mediation and alternative dispute resolution.
The article examines mediation in Indian inheritance disputes, valuing its speed and preservation of family harmony. Yet informality can weaken women's statutory rights and let customary or caste-based power shape rural outcomes. NALSA's community mediation pilot offers promise, but whether mediation can truly deliver fairness remains open.
The article asks whether Indian law is ready for AI in mediation. With over 50 million cases pending and platforms already using technology, the Mediation Act 2023 remains silent on AI. Concerns include neutrality, consent, privacy, liability, and the loss of human connection. It leaves open whether the legislature or the courts should act.
The blog critically examines the Mediation Act, 2023 and its attempt to institutionalise mediation in India. It explores the challenges surrounding mandatory pre-litigation mediation, party autonomy, enforceability, confidentiality, regulatory oversight, and the shortage of trained mediators, highlighting the gap between the Act’s legislative framework and its practical implementation.
The blog examines the gap between India’s Mediation Act, 2023 and the growing use of AI in Online Dispute Resolution. It explores how AI-driven platforms may influence settlement outcomes, challenge party autonomy, and reproduce biases embedded in historical data.
The blog examines whether AI can remain neutral when used in online mediation under India’s Mediation Act, 2023. It highlights concerns around algorithmic bias, party autonomy, transparency, and procedural fairness, arguing that AI-driven processes may influence parties and reproduce existing inequalities. It calls for stronger safeguards, including AI transparency and mandatory human oversight.
The blog examines mediator bias under Section 10 of the Mediation Act, 2023. It argues for disclosure of potential conflicts rather than automatic disqualification, while limiting “justifiable doubts” to genuine concerns about impartiality.