Mediation has existed in India since time immemorial.Its said that during vedic times the early Aryans were very guileless and dynamic people. Their process of life was based on divine wisdom.Later on in the era when Gautam Buddha was spreading his profound knowledge of peace and tranquillity,his processes of meditation also encouraged mediation.The Mughal era too saw great emperor like Akbar solving disputes through peaceful settlements.United States were among the first of many western countries who followed this middle path to resolve conflicts the friendly way to avoid and reduce the impasse in court proceedings and the complications that came with it.
Industrial Disputes Act of 1947 saw the emergence and introduction of alternative dispute resolution in India for the first time.Arbitration and Conciliation Act came into force in 1996,and section 89 was inserted through an amendment into Code of Civil Procedure 1908 by the parliament of India providing for reference of cases pending in the Courts to ADR which included mediation. The Amendment was brought into force with effect from 1st July, 2002.
Therefore we can see that the roots of amicable settlement ways and process dates back to vedic times. Though the concept of mediation is slowly gaining its popularity in India,the pace is slow.As a mediator its our duty to educate the masses to go for mediation rather than litigation first.There are so many important cases,traumatized victims,imprisoned innocent waiting for their justice,for their freedom.Lets unburden the courts to how much extent we can and take the cases that can be solved through peaceful way to mediation.
Make way for speedy and viable justice for victims in our courts.Solve disputes on your terms through friendly talks,and let the courts deal with people trapped in grave legal troubles.
