Mediation: A Tool to Access to Justice
Volume III, Issue III, 2020
Mediation is a tool to secure the justice through mutually agreement between the parties. It was supposed to be an instrument of tool to secure the ends of justice through the involvement of third party. But, instead of securing the justice it has rather resulted more into dilution of justice in India. This was also supposed to be a help for the Indian Judiciary to overcome the burden of matters on it but in this case also it has rather enhanced the burden on Judiciary as the parties were dissatisfied by the mechanism of Mediation or I would say an Alternate Dispute Resolution. The basis on which Alternate Dispute Resolution works in India is simply that it protects the privacy of the family matters. Due to Alternate Dispute Resolutions like, Arbitration or Mediation the family matters, or the Company’s reputation matters are dealt privately without any interference of people other than known to the parties and given a majorly the Company an opportunity to opt for it as it protects their Company’s name and fame. But, the question is do the Alternate Dispute Resolutions have in reality resulted in achieving the aim they were established for?