This article is written by Hithesh, a law student at M.S. Ramaiah College of Law, Bengaluru, with a strong interest in Corporate Law and Public Governance/Compliance.
While the world moves at the speed of a fibre-optic pulse, the traditional courtroom remains anchored in the era of the quill and parchment. In India alone, over 51 million cases clog a judicial system where ‘justice delayed’ has become a predictable feature rather than a rare flaw. As these anachronistic towers of litigation struggle under their own weight, a sharper, swifter ‘edge’ has emerged: Non-Court Dispute Resolution (NCDR). It is no longer just an ‘alternative’—it is the evolution of justice, placing the power of resolution back into the hands of the people, away from the rigid silos of a backlogged judiciary.”
(Sharma, 2025) The Juxtaposition- The act of placing two contrasting ideas side by side is a particularly evident when comparing the aspect of the Resolutions to the Litigation, In this new aged era of fast-track systems, The ADRs, Mediations, Counselling etc. Have got an immense and world-wide recognitions due to its nature of being effective and efficient in sidelining the traditional courts in various aspects, whether it might be in privacy, time efficiency, affordability and proportionality. The NCDRs stand as a reliable alternative where anyone, from a common man citizen to a large- scale Industrialist, can find a tailored path to resolution. So why is it that the traditional courts not been able to give such a competition or such a safe grounds to the people in need as any of the NCDRs Is going to be the main question and we are on to this further.
The Clear Adjudication of cases among Mediation and Litigation: The gate way to a new distinction
Case: Ayodhya Babri Masjid Dispute (Supreme Court of India, 2019).
Distinction: Despite being one of India’s most sensitive and politically charged cases, the Supreme Court referred it to mediation in March 2019. This showed that mediation can be attempted even in matters of immense public interest to explore amicable solutions, rather than immediate adjudication.
Case: Shri Lal Mahal v Progetto Grano Spa.
Distinction: The court distinguished between challenging an award at the set-aside stage and enforcing a foreign award, limiting the scope of public policy objections. This highlights how ADR (arbitration/mediation) creates finality compared to the extensive review in traditional litigation
Instance: Divorce and Child Custom
Litigation in divorce cases often destroys relationships through adversarial pleading. Mediation, however, enables families to craft custom, flexible solutions (e.g., child custody arrangements) that are in the best interest of children, rather than a rigid “winner-takes-all” court order.
Case: Large v. Marshall (Marriage settlement).
Distinction: In this instance, a settlement reached through mediation was later contested. The court reviewed the mediation agreement separately from the overall litigation, showing the unique, contractbased nature of mediation outcomes.
The Ongoing trend of Resolutions Over Trail Courts
Drivers of the Trend:
Judicial Overload:
Massive backlogs (e.g., over 50 million pending cases in India as of 2025) act as a catalyst for seeking “pressure valve” solutions like mediation.
Economic Pragmatism:
Explain how mediation offers a “win-win” outcome at a fraction of the cost and time of traditional trials.
Preservation of Relationships:
Crucial for family, workplace, and long-term business partnerships where a court judgment might permanently sever ties.
The Backing of Mediation Act 2023’ And Judicial Advocacy
Mediation is the ‘something else’ to litigation, arbitration, and conciliation as a structured dispute resolution process for resolving conflicts. It is a collaborative manner of resolving disputes where the parties make the ultimate decision on the terms at which they settle their disputes. It is a completely voluntary process, which means that the parties can opt out of the process anytime they feel it is not working for them. Mediation is confidential, anything that the parties may have discussed page.png 44 with the mediator or the other side, any documents exchanged, any proposals made during mediation will remain confidential even after the process has concluded, and neither party is permitted to use any information gathered in mediation in any judicial or quasi-judicial forum. The mediation Act also specifically laid out certain actions or circumstances would come under the
Mediation Resolution jurisprudence so that it could be easy to identify the ranging cases under varied options.
Out of all the existing Dispute Resolution Mechanisms, mediation provides the holistic approach. Mediation is need of the hour in India because of India’s human population and pending cases in Courts. So, in this blog we are going to see what all the upcoming trends in mediation which can be incorporated into the Mediation Practice.
First let’s see in which methods we can take mediation into people’s life. The reality of mediation is people and law students are unaware about the working mechanism of mediation. So, here are few methods which will take mediation to people.
Enforcing through contracts: Every business is carried on through contract. Contract is an agreement which is enforceable by law. Every contract has “dispute resolution” clause and “governing law” clause. So, in Dispute Resolution Clause, the parties can include “if any dispute arising out of the contract, it will be referred to mediation. If the dispute is not resolved through mediation, then it will be resolved by the Courts of that jurisdiction”
Through this way one can implement mediation as a method of resolving dispute in business contracts. Here, a basic question of law arises because Mediation itself is a method to solve the dispute without forcing the parties. If asking the parties to mandatorily go on mediation, will it be resulting to the act of coercion? Will that be violating Article 21 of the Constitution? The Answer is No.
- Why because, any agreement which is framed will become contract only if both the parties agree to the terms and conditions of the contract and when signed by both the parties. So, if either of the parties disagrees to the condition then it will not become a contract. Hence, enforcing mediation in contracts is a tool to take up more commercial mediation.
- Conducting Workshops and Seminars in Law Schools: Law students are the torch bearers of Mediation. If we ask a group of first year law students what their career options will be? Half the students want to take up Litigation and half the student will opt for corporate. It will be very few who will choose ADR. This is because of lack of awareness about ADR. We as a Mediation Professional can conduct seminars and workshops in Law School making the students to participate by giving mock mediation problem and observe their ability on the process. Conducting Mediation Competition among law schools, this will inculcate the mediator among the law students.
- Encouraging to take internships. As internships forms an integral part of Law school. Attracting students to take mediation internships and giving credits give them opportunity to observe how an actual mediation session works and they will get to know the role of mediators. So, taking mediation to the law school is the first and foremost step to attract more Mediators.
- Explain the benefits: Make sure the parties understand the benefits of mediation, such as the potential for a quicker, less expensive and less adversarial resolution. Emphasise that mediation is a collaborative process that allows the parties to work together to find a mutually acceptable solution. This propaganda can be achieved through word of mouth only then people believe that this is an effective process. If success rates are achieved, then definitely it will be a big hit.
When Mediation Bill becomes Act: If mediation Bill becomes Act. It will be a game changer in Judicial System. It gives a clear cut way for mediation process, role of mediators and timelines to close the mediation process. Parliament introduced a Bill in this regard in 2021. It is currently given for recommendations to the standing committees. If passed, it will help reduce the burden on courts due to the pendency of cases.
CONCLUSION
When we weigh the “edge” of mediation against the traditional court system, it really comes down to one thing: the human experience. While courts are necessary for setting legal precedents, they are often slow, expensive, and leave people feeling like they’ve been through a meat grinder. The “edge” mediation holds is that it treats a dispute like a problem to be solved rather than a war to be won.
By choosing mediation, parties aren’t just saving time and money— though they certainly do that. They are choosing to keep control of their own lives. Instead of waiting months for a judge who doesn’t know them to hand down a rigid “win-lose” verdict, they get to sit across from each other and build a solution that actually works for their specific situation.
Ultimately, the justification for mediation is simple: it’s a more compassionate, efficient, and common-sense way to find peace. In a world where the legal system is often overwhelmed, mediation offers a way out of the conflict that doesn’t just end the case, but actually settles the matter with dignity.
The Paradigm Shift Towards Amicable Resolution;
The new trend or the inclination towards the NCDRs procedures and its nature is really being an edge towards an Amicable solution with ease and dignity without any lengthy procedural time, The mediations, ASRs and many more as such have got an edge over the litigation courts due to the following reasons and,
The High involvement of private practitioners and companies being heavily indulging them selves in these kind of activities ha the scope to much higher hights.
The fast track procedures, binding and pre-mediation before litigation rule bought by Mediation Act 2023’ and advocated by many judges have made it not as an alternative but as an necessity in some cases
Although having certain hindrances in NCDRs such as not being applicable to all kinds of cases such as Criminal, grave and heinous cases, The mediation is serving its purpose in it the amicable way to the people in require and interested.
“Ultimately, while traditional courts remain the backbone of legal authority, mediation offers something the witness stand cannot: the restoration of relationships and the preservation of human dignity. By prioritizing dialogue over power plays and collaboration over conflict, mediation transforms ‘winning’ from a legal outcome into a mutual resolution. It proves that the most enduring justice is not one handed down by a judge, but one built by the parties themselves.”
