Mediation: A Modern Path to Justice Under the Mediation Act, 2023
ANINDYA KUMAR BHATTACHARYA
November 26, 2025
There is an old saying often paraphrased as, “A ton of litigation, a pound of arbitration, and an ounce of mediation.” Its wisdom lies in the belief that disputes resolved early and amicably save time, money, and relationships. For decades, India’s justice system struggled under the weight of delays and mounting cases, but the tide is now turning. With the enactment of the Mediation Act, 2023, India has taken a decisive step toward a more humane and efficient model of justice—one that prizes dialogue over confrontation.
The transformation did not happen overnight. For years, litigants shuttled between courts, hoping for closure but often finding themselves trapped in endless procedures. Judges, too, realized that justice delayed often felt like justice denied. Against this backdrop grew a quiet but powerful belief: that many disputes do not need a courtroom, only a conversation. Mediation offered that space—a place where parties could sit down, talk, and craft solutions with dignity.
A System Ready for Change
The Mediation Act, 2023 brought this belief into the heart of India’s legal system. For the first time, mediated settlement agreements were given the same enforceability as a court decree—a landmark reform that instantly elevated mediation from a voluntary exercise to a trusted pillar of justice. For citizens and businesses alike, this meant certainty: what is agreed upon in mediation is final, binding, and legally executable.
Litigation had always been a win-lose battle. Mediation, in contrast, offered a win-win narrative. The mediator became a facilitator, not a judge. In heated commercial disputes, long-simmering family issues, or tense community matters, mediation brought the possibility of healing rather than escalation.
Three Doors to Justice
The Act recognized that India is diverse, and so must be its methods of resolving disputes. It therefore introduced three pathways:
Institutional mediation through recognized centres ensures a professional, structured environment with trained mediators.
Community mediation brings justice closer to the grassroots, allowing local disputes to be settled with cultural sensitivity. For rural and semi-urban India, this is transformative.
Online mediation reflects India’s digital leap, allowing parties separated by geography—or even continents—to resolve matters without stepping into a room.
Together, these avenues make mediation accessible to all, from villagers to global corporations.
Confidential, Respectful, Time-Bound
One of mediation’s greatest strengths is confidentiality. The Act ensures that nothing spoken, shared, or admitted during mediation can be used as evidence anywhere else. This creates a space where parties can speak freely, negotiate honestly, and explore solutions without fear.
Equally important is speed. The Act prescribes a 120-day period, extendable by 60 days, ensuring disputes do not drag on endlessly. Compared to litigation, this is a breath of fresh air for both ordinary citizens and businesses.
A New Gateway: Pre-Litigation Mediation
The most forward-looking reform is the requirement of pre-litigation mediation in civil and commercial disputes. Before stepping into a courtroom, parties must try mediation. This simple step has the potential to resolve thousands of matters at the doorstep, easing the load on courts and improving the ease of doing business. It signals that dialogue, not confrontation, should be the first instinct.
The Road to a New Justice Culture
The Mediation Act does more than create rules—it promotes a new way of thinking. Justice need not always be adversarial; it can be collaborative, compassionate, and efficient. For families, mediation restores respect. For businesses, it preserves partnerships. For communities, it nurtures harmony.
But for mediation to truly thrive, awareness is essential. Government agencies, companies, lawyers, and citizens must all embrace it as a preferred route to resolution.
Conclusion
As India moves toward strengthening the Ease of Justice, the Mediation Act, 2023 stands as a landmark of reform. It champions dignity, cooperation, and humane resolution. In a world often divided by conflict, mediation lights a path where justice is not only delivered—but felt.
(The writer holds a Master in Development Management (MDM) from the Asian Institute of Management, Philippines, a Harvard-affiliated business school. He has published numerous articles and papers on legal matters, mediation, arbitration, governance, and public policy. He is also the recipient of the President's Medal for Meritorious Service, awarded on 26 January 2022.)
(Tripurainfo)
more articles...