Institutionalising Mediation in India: A Critical Appraisal of the Mediation Act, 2023
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.