GS2Indian Polity & Constitution·21 Apr 2026·3 min read

Alternative Dispute Resolution in India: The Growing Importance of Mediation

The Delhi High Court has refused to quash an FIR involving allegations of human trafficking, citing its wider impact on society. This decision highlights the growing importance of addressing organized crimes and their social implications. The court's ruling has significant implications, with the accused facing prosecution for their alleged role in the 'dunki route' human trafficking case.

•A five-day intensive mediation training programme, sanctioned by the Supreme Court of India's Mediation and Conciliation Project Committee, has commenced at the Damodaram Sanjivayya National Law University (DSNLU) in Visakhapatnam.
•This development highlights the growing importance of Alternative Dispute Resolution (ADR), particularly mediation, in India's justice system.
•The programme, chaired by Vikram Nath, aims to equip participants with the skills necessary to resolve disputes through mediation, a process that has gained significant traction in recent years.

A five-day intensive mediation training programme, sanctioned by the Supreme Court of India's Mediation and Conciliation Project Committee, has commenced at the Damodaram Sanjivayya National Law University (DSNLU) in Visakhapatnam. This development highlights the growing importance of Alternative Dispute Resolution (ADR), particularly mediation, in India's justice system. The programme, chaired by Vikram Nath, aims to equip participants with the skills necessary to resolve disputes through mediation, a process that has gained significant traction in recent years.

▸The Supreme Court's Mediation and Conciliation Project Committee has been instrumental in promoting ADR in India.
▸Section 89 of the Code of Civil Procedure, 1908, provides for the use of ADR methods, including mediation, to resolve disputes.
▸The Law Commission of India has also recommended the use of mediation in various reports, citing its potential to reduce the burden on the judiciary.

The use of mediation as a means of dispute resolution has several benefits, including reduced costs, increased efficiency, and improved satisfaction among parties. In the context of human trafficking cases, for example, mediation can provide a platform for victims to seek compensation and justice without having to navigate the complexities of the formal legal system. The Delhi High Court's recent decision to refuse the quashing of an FIR involving allegations of human trafficking via the 'dunki route' underscores the seriousness with which such cases are viewed and the need for effective dispute resolution mechanisms.

Key Provisions and Legal Framework

The legal framework governing mediation in India is provided by the Code of Civil Procedure, 1908, and the Arbitration and Conciliation Act, 1996. Section 89 of the Code of Civil Procedure, 1908, provides for the use of ADR methods, including mediation, to resolve disputes. The Arbitration and Conciliation Act, 1996, also provides for the use of mediation as a means of dispute resolution.

▸The Arbitration and Conciliation Act 1996 provides for the use of mediation as a means of dispute resolution.
▸Section 89 of the Code of Civil Procedure 1908 provides for the use of ADR methods, including mediation, to resolve disputes.
▸The Law Commission of India has recommended the use of mediation in various reports, citing its potential to reduce the burden on the judiciary.

Significance and What Changes Now

The growing importance of mediation in India's justice system has significant implications for the country's legal landscape. As the judiciary continues to grapple with the challenges of backlog and delay, mediation offers a viable alternative for resolving disputes efficiently and effectively. The Supreme Court's initiative to promote mediation through training programmes and the use of technology is a welcome step in this direction.

▸The use of mediation can help reduce the burden on the judiciary and improve access to justice.
▸The Supreme Court of India has been instrumental in promoting the use of mediation in India.
▸The National Judicial Data Grid provides data on the use of mediation in India's courts.

Did You Know? The use of mediation in India's courts has increased significantly in recent years, with the National Judicial Data Grid reporting a significant rise in the number of cases resolved through mediation.

Conclusion

In conclusion, the growing importance of mediation in India's justice system is a welcome development that has the potential to improve access to justice and reduce the burden on the judiciary. As the country continues to grapple with the challenges of backlog and delay, mediation offers a viable alternative for resolving disputes efficiently and effectively. The Supreme Court's initiative to promote mediation through training programmes and the use of technology is a significant step in this direction.