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VOL. 7, ISSUE 6 (2025)
Evaluating the role of Pre-Litigation mediation in reducing Judicial Backlog
Authors
Siva Pournami R M, Vanshika
Abstract
Mediation has deep historical roots as a method for resolving disputes
both globally and within India's community traditions, such as Panchayats. It
has developed into a formal Alternative Dispute Resolution (ADR) mechanism,
receiving legal recognition through legislation like the Arbitration and
Conciliation Act of 1996 and, more recently, the Mediation Act of 2023, which
requires pre-litigation mediation for certain civil and commercial disputes.
The Indian judicial system is plagued by massive delays, with over 5 crore
cases pending as of 2025, creating a systemic barrier in achieving timely
justice. Pre-litigation mediation provides a voluntary, confidential, and
structured approach for parties to amicably resolve their disputes before
turning to the courts, emphasizing dialogue and mutual agreement. The Mediation
Act 2023 further institutionalizes pre-litigation mediation as an enforceable
and mandatory step for specific cases, aiming to reduce court workloads,
preserve relationships, and facilitate speedy dispute resolution. This approach
supports judicial reforms, enhances accessibility for marginalized groups, and
aligns India’s justice system with international trends towards collaborative
conflict resolution. The abstract lays the groundwork for examining the
effectiveness of mediation in reducing judicial backlogs by redirecting
disputes away from courts, focusing on its advantages, challenges, and
institutional frameworks that encourage its integration into India’s legal
system. This detailed framing highlights mediation as a crucial reform tool
that shifts justice delivery from adversarial litigation to cooperative
resolution, highlighting the importance and scope of research.
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Pages:12-18
How to cite this article:
Siva Pournami R M, Vanshika "Evaluating the role of Pre-Litigation mediation in reducing Judicial Backlog". International Journal of Social Science and Humanities, Vol 7, Issue 6, 2025, Pages 12-18
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