Bridging Disputes, Building Consensus: The Evolution,

Framework, and Future of Mediation

Abstract

Mediation has grown to be regarded as a large mechanism for dispute resolution in many
jurisdictions and has undergone a transformation from ancient practices to worldwide structured
legal ones. In this context, the research examines the historical evolution of mediation, its passage
into a legal discipline, and the role of case law in moulding applications that exist today. Foreign
mediation laws are also analysed, comparing statutory frameworks and their applications in different
countries, including India. It examines landmark personalities who have to assist the growth of
mediation, particularly in the Indian judiciary and their contribution in the drafting of the Mediation
Bill. Medicinal laws and the current status of mediation in India and the world, including statistical
comparisons of mediation practices across different jurisdictions, are analysed. A major section of
the research is on mediation education and identifies the best courses, training centres, and
certifications essentially available in the world. The study also evaluates mediation as a profession,
looking at its opportunities and challenges and the scope for trained mediators in the legal and
business sectors.By relying on empirical data, case laws, and policy analysis, the paper intends to
give an overall picture of the role of mediation in modern dispute resolution. It will present forecasts
of its future direction, particularly about the need for international cooperation in the standardization
of mediation laws and promotion of mediation as an effective, accessible, and professionalized
mechanism for dispute resolution.
Keywords: Mediation, modern dispute resolution, profession, policy, case laws, training centres,
great people

INTRODUCTION TO MEDIATION

DEFINITION OF MEDIATION

The Harvard Law School defined Mediation as "A negotiation between two or more parties
facilitated by an agreed-upon third party." The Singapore Convention on Mediation defines
Mediation as "A process where parties attempt to reach a settlement of their dispute with the
assistance of a third party who lacks the authority to impose a solution on them; essentially, a
facilitated discussion between disputing parties to find a mutually agreeable solution without
a binding decision from the mediator." The UNCITRAL Model Law on International
Commercial Mediation and International Settlement Agreements Resulting from Mediation,
2018 defines Mediation as "a process, whether referred to by the expression mediation,
conciliation or an expression of similar import, whereby parties request a third person or
persons (“the mediator”) to assist them in their attempt to reach an amicable settlement of
their dispute arising out of or relating to a contractual or other legal relationship. The
mediator does not have the authority to impose upon the parties a solution to the dispute".

Mediation is a process in which a neutral third party helps the disputants reach a voluntary
settlement of the issues in dispute that have been negotiated. Mediators are the persons who
facilitate communication between the parties in dispute so that the differences can be clearly
understood and a mutually acceptable settlement is drafted. However, the mediator cannot
enforce the decision on the part of the parties.
Let us understand the concept of mediation using the example of mediation orange.
Once, a mother faced a parental dilemma as her two children fought over the last orange.
Many parents would have taken the orange away or cut it in half, ensuring the children would
get an equal share; however, the outcome would have been potentially unsatisfactory.
However, this mother was a mediator. She asked each child why they wanted it. One child
wanted to make orange juice, while the other needed the orange peel for baking purposes.
The mother recognized the children's needs and helped them reach a win-win solution. The
first child squeezed all the juice, leaving the peel intact for the second child. This satisfied the
needs of both the children. Conflicts are normally resolved through compromise or
competition, leaving one party dissatisfied. Mediation encourages collaboration to discover
underlying interests, which leads to creative and beneficial solutions that help mutually. In
the course of litigation or arbitration, outcomes are enforced, which is not the mediation case.
Mediation allows the parties in dispute to shape the resolution actively. Through mediation,
conflicts can turn into opportunities for understanding and shared success. There are three
stages in a mediation process. The Pre-mediation stage is followed by a Mediation meeting
and, finally, the settlement. During the pre-mediation stage, the parties select a mediator with
the help of their lawyers. The mediator receives information about the dispute. Then, the
parties and the mediator discuss the upcoming steps. During a mediation meeting, the
mediator must establish neutrality and trust. This will encourage the parties to share
information and identify their interests. Another duty of the mediator is to help the parties
generate options for settlement. The final stage is the settlement stage. Finally, the mediator
confirms the terms and records the settlement as the problem is solved.

HISTORY OF MEDIATION

INDIAN PERSPECTIVE

Mediation in India travels back to ancient times, particularly to the time period when
traditional dispute-resolution systems were followed in villages. The Panchayat system in
villages is a primary example of mediation followed during ancient India. In the panchayat
system, the community elders resolve conflicts through consensus building rather than
adversarial litigation. We can also find the mediation system among Mahajan, businessmen
who have resolved disputes between members of business associations. During ancient times,
many tribes used Panchas or wise men to resolve disputes. The culture of mediation is deeply
ingrained in Indian society and falls in consonance with the cultural emphasis on
reconciliation and harmony.
The formal legal system replaced traditional mediation practices as Britishers started
applying their laws. There was a decline in Indigenous dispute resolution mechanisms due to
the introduction of an adversarial system of justice.
Post-Independence, alternative dispute resolutions were recognized to reduce the burden of
the Court. In 1999, section 89 was introduced in The Code of Civil Procedure, 1908,
officially recognising mediation as a dispute resolution method.
In 2005, The Supreme Court of India established the Mediation and Conciliation Project
Committee to train mediators and promote mediation nationwide.
The Commercial Courts Act 2015 focussed on mediation by making pre-litigation mediation
compulsory in certain commercial disputes. The Arbitration and Conciliation Act of 1996
provides for conciliation, a form of mediation.
The Mediation Act 2023 is a significant step in institutionalising mediation in India. The Act
provides a structured framework to make mediation a more accessible and enforceable
dispute resolution method. Mediation is used in family disputes, commercial conflicts, and
labour issues.
Mediation has evolved from an informal practice to a legally recognized mechanism for
dispute resolution in India.
GLOBAL PERSPECTIVE

The earliest civilization to use mediation was the Sumerians, who lived between the Tigris
and Euphrates rivers in Southern Mesopotamia. The Greeks used the term “proxnetas” to
describe non-marital mediators. The Romans used to call mediators by various names, such
as internuncius, medium, and intercessor. The Confucian philosophy influenced Chinese
mediation practices that focussed on harmony and negotiation. In 1803, Napoleon Bonaparte
mediated the adoption of a federal constitution in Switzerland. A series of peace treaties were
signed to end The Thirty Years' War, which included England, France and Holland.

MAJOR CASE LAWS OF MEDIATION

“Salem Advocate Bar Association v. Union of India”1

Section 89 of The Code Of Civil Procedure, which promoted mediation, was challenged in
this case. The Supreme Court upheld the amendments and ruled that Section 89 is valid and
should be implemented effectively. The judgment was directed towards forming mediation
centres and training programs for mediators.

“B.S. Krishnamurthy v. B.S. Nagraj2”

The Apex Court was approached by a couple who were involved in a long pending divorce
case. The Court directed the Court towards mediation. The couple successfully resolved their
dispute in mediation. The Court reaffirmed mediation as a primary method to resolve
matrimonial disputes to save time and money. The Court also highlighted the emotional and
financial toll that affects the parties in prolonged litigation cases. There is a need for
mediation to provide quick and amicable settlements.

“Moti Ram v. Ashok Kumar3”

The Apex Court referred a property dispute between two brothers for mediation. The ratio
decidendi, in this case, is that mediation should be explored before litigation in cases related
1
Salem Advocate Bar Association v Union of India (2005) 6 SCC 344
2
BS Krishnamurthy v BS Nagaraj (2010) 15 SCC 530
3
Moti Ram v Ashok Kumar (2011) 1 SCC 466
to family and property matters to preserve relationships. This landmark case law promoted
mediation as an efficient tool to resolve property disputes effectively and amicably.

“Afcons Infrastructure Ltd v. Cherian Varkey Construction4”

There was a dispute between two companies related to contractual obligations. The Apex
Court referred the case to mediation. In this case, the Apex Court laid down categories of
cases suitable for mediation and promoted court-referred mediation. The Supreme Court
encouraged mediation in commercial disputes that are related to contracts, property disputes
and family matters.

“K. Srinivas Rao v. D.A. Deepa5”

A husband filed for divorce under cruelty grounds. The mediation failed, and the case
proceeded for adjudication. The Apex Court highlighted mandatory mediation in matrimonial
disputes before resorting to litigation. The Court observed that many such disputes could be
resolved amicably, reducing the burden on the Court. The case reinforced mediation in
disputes related to family law, making it a preferred method before litigation, especially in
cases under Section 498A of The Indian Penal Code.
“BEST COURSES ON MEDIATION

(i) LLM Professional Program (Hybrid Model) in Mediation and Conflict Resolution
by ICFAI Law School Hyderabad.6
(ii) PG Diploma in Mediation by MNLU Nagpur.7
(iii) Certificate Course on Commercial Mediation by Indian Institute of Corporate
Affairs.8
(iv) Workshops on Mediation by the Supreme Court of India Mediation and
Conciliation Project Committee.9

4
Afcons Infrastructure Ltd v Cherian Varkey Construction Co (P) Ltd (2010) 8 SCC 24
5
K Srinivas Rao v DA Deepa (2013) 5 SCC 226
6
Icfai, ‘LLM Professional Program: ICFAI Law School Hyderabad: IFHE Fol: ICFAI University’ (IFHE
Hyderabad) <https://www.ifheindia.org/icfai-law-school-hyderabad/law/pgprograms/llm-professional-
program> accessed 2 February 2025
7
Network LN, ‘MNLU: Two-Year PG Program in M.A. Mediation & Conflict Resolution for Executives
[2024- 2026]’ (Live Law, 17 September 2024) <https://www.livelaw.in/lawschool/diploma-certificate-
courses/mnlu-pg-program-mediation-conflict-resolution-269767> accessed 2 February 2025
8
(:: Welcome to IICA ::) <https://iica.nic.in/SoF-Commercial-Mediation.aspx> accessed 2 February
2025
9
Centre NI, ‘Link of Online Application Form for 40 Hours Hybrid Mode Mediation Training’ (Mediation
and Conciliation Project Committee) <https://mcpc.nic.in/> accessed 2 February 2025
 (v) ADR ODR International's Civil Commercial Mediation Training10
(vi) Harvard Law School's Program on Negotiation.11
(vii) “Professional Skills Program" by Pepperdine University's Straus Institute of
Dispute Resolution. 12
(viii) “Mediator Skills Training" program by Centre for Effective Dispute Resolution,
United Kingdom.13
(ix) Singapore International Mediation Institute's Program on Dispute Resolution.14”

“TRAINING CENTRES FOR MEDIATION

(i) Indian Institute of Corporate Affairs15

(ii) Samadhan Mediation Training Centre 16
(iii) Centre for Advanced Mediation Practice17
(iv) The International Mediation Institute18
(v) The Singapore International Dispute Resolution Academy19
(vi) Harvard Law School20
(vii) Pepperdine University's Straus Institute of Dispute Resolution21
(viii) Centre for Effective Dispute Resolution, United Kingdom.
(ix) The ADR Center in Rome, Italy22”

10
‘Civil-Commercial Mediation Training Course’ (ADR ODR International)
<https://www.adrodrinternational.com/civil-commercial-mediation-training> accessed 2 February 2025
11
‘Harvardworldwide’ (Program on Negotiation at Harvard Law School | Harvard Worldwide)
<https://worldwide.harvard.edu/program-negotiation-harvard-law-school#:~:text=The%20Program
%20on%20Negotiation%20(PON,in%20the%20world%20negotiation%20community.> accessed 2
February 2025
12
‘Straus Institute for Dispute Resolution’ (Pepperdine Caruso School of Law)
<https://law.pepperdine.edu/straus/training-and-conferences/professional-skills-program/> accessed 2
February 2025
13
‘Accredited Mediator Skills Training’ (CEDR) <https://www.cedr.com/event/mediator-skills-training/>
accessed 2 February 2025
14
‘Search for a SIMI Certified Mediator’ (Singapore International Mediation Institute)
<https://www.simi.org.sg/> accessed 2 February 2025
15
(:: Welcome to IICA ::) <https://iica.nic.in/SoF-Commercial-Mediation.aspx> accessed 2 February
2025
16
‘Training Program’ (Samadhan) <https://samadhan.companydemo.in/training-program> accessed 2
February 2025
17
(Centre for Advanced Mediation Practice (CAMP) — International Mediation Institute)
<https://imimediation.org/program/camp/> accessed 2 February 2025
18
‘IMI - Driving Transparency and High Competency Standards in Mediation, Worldwide’
(International Mediation Institute, 24 January 2025) <https://imimediation.org/> accessed 2 February
2025
19
(Singapore International Mediation Institute) <https://www.simi.org.sg/> accessed 2 February 2025
20
21
(Pepperdine Caruso School of Law) <https://law.pepperdine.edu/straus/training-and
conferences/professional-skills-program/> accessed 2 February 2025
22
‘Home - ADR Center’ (ADR Center - Just dot com) <https://adrcenter.com/> accessed 2 February
2025
Great people related to Mediation
1. Justice N. Santosh Hegde
Former Supreme Court of India judge Justice Hegde believed in the necessity of ADR mechanisms,
including mediation.
He played a vital role in the promotion of ADR in Karnataka and other states.
Legacy: He advocated mediation centres in courts to deal with the increasing number of cases piling
up.
2. Justice S.M. Krishna Rao
He is said to have been instrumental in establishing one of India's first mediation centres in Gujarat.
As a prominent ADR votary, he initiated institutional mediation in the Indian judiciary.
He paved the path for the Gujarat High Court, making it an epicentre for mediation initiatives
3. Justice R.V. Raveendran
Played an instrumental role to induct mediation in Indian Legal practice
His experience as the Supreme Court Judge brought forward focus on training as well as setting
infrastructure for the mediators.
He institutionalized mediation, specifically commercial and civil cases.
4. Justice A.K. Sikri
A strong advocate of mediation and arbitration, he has been actively involved in spreading awareness
about ADR.
Delivered landmark judgments promoting ADR as a preferred mechanism for dispute resolution.
Legacy: Contributed to the growth of international arbitration and mediation in India.
5. Justice Kurian Joseph
Advocated mediation to resolve familial and societal disputes.
Promoted community-based mediation programs, focusing on access to justice for marginalized
groups.
Legacy: Helped the concept of mediation gain acceptance in the judicial scheme of things.
6. Mr. Ram Jethmalani
Having been a practicing lawyer and being the Union Law Minister at some point of time, he
provided all-around support for ADR, mediation as one of those methods to tackle judicial backlog
Legacy: Spearheaded legislation as well as institution-building initiatives toward mediation.
7. Sriram Panchu, Senior Advocate
Pioneer of mediation movement in India and started Mediation Chambers, Chennai. One of the first
Mediation centers of India.
Played a crucial role in training mediators and creating mediation awareness throughout the nation.
Legacy: Represented India internationally, sitting in inter-state disputes.
8. Justice M.N. Venkatachaliah
As the former Chief Justice of India, he focused ADR as a way to expedite justice delivery.
Mediation was promoted by him in public interest and constitutional matters.
Legacy: He made ADR an important part of judicial reforms.
Contributions to Indian Judiciary:
Judicial Backlog Management: Mediation has decreased the number of pending cases in courts.
Access to Justice: Mediation has made justice accessible to people due to its cost-effective and time-
efficient approach.
Cultural Revolution: It introduced a departure from adversarial litigation by encouraging collaborators
in problem-solving.
Building Capacity and Awareness: Many of these individuals have played a role in setting up
mediation training programs and institutional frameworks.
Together, these efforts have moulded mediation into a more effective core of India's dispute
resolution process, aligned with the objectives of the judiciary in the areas of efficiency and
inclusivity.

Major Landmarks in the Emergence of the Mediation Act, 2023

First push for Mediation:
During the 2000s, the Supreme Court of India advocated for mediation as an effective mechanism for
settling disputes and even suggested the adoption of mediation for family and commercial cases.
Though the Arbitration and Conciliation Act, 1996 incorporated provisions on conciliation, mediation
required separate enactment.
Drafting and Consultation:

The Indian Government initiated the process of preparing the Mediation Bill to frame mediation with
an established framework.
Extensive consultations were held with legal experts, judges, ADR practitioners, and other
stakeholders to create a comprehensive law.
Introduction of the Mediation Bill, 2021:

The Mediation Bill, 2021, was introduced in the Rajya Sabha in December 2021.
It aimed at institutionalizing mediation, mandating pre-litigation mediation in certain cases, and
recognizing mediated settlement agreements as enforceable.
Key Developments During Parliamentary Scrutiny:

It was sent to the Parliamentary Standing Committee on Law and Justice for thorough study.
The committee recommended several amendments, which are as follows:
The Bill needs to clear whether the disputes are capable of resolution through mediation or not.
Provision regarding confidentiality and neutrality.
Increasing the penal provision for the breach of mediated agreements.
Mediation Act, 2023:
The bill sailed through the two houses of the Parliament and was given the President's assent in the
year 2023.
It came to be the Mediation Act, 2023, defining the legal structure of mediation in India.

Here is a chronology of major events that led to the enactment of the Mediation Act, 2023 in India:

1996:
The Arbitration and Conciliation Act, 1996 is enacted with provisions for conciliation but no special
focus on mediation.
2002:
Amendment to the Code of Civil Procedure (CPC), 1908:
Section 89 is added that empowers courts to refer disputes to ADR mechanisms, including mediation.

2005: - Supreme Court Urges Mediation:

In the case of Salem Advocate Bar Association v. Union of India23, the Supreme Court places
emphasis on Section 89 to be used for mediation.

2011 - Law Commission of India's 238th Report:

Suggests mediation as a more robust mechanism for resolving disputes.

2018: - Commercial Courts Act, 2015 (Amendment):

Introduces an amendment
Mandatory pre-litigation mediation for specified commercial disputes.

2019
Singapore Convention on Mediation:
India is now a signatory to this international convention that ensures recognition of cross-border
mediated settlement agreements.

2021
- The Mediation Bill, 2021, was introduced in the Rajya Sabha on 20 December 2021.
- It is a legislation aimed at making mediation institutional in India.

23
AIR 2005 SUPREME COURT 3353, (2005) 4 BOM CR 839
2022
1. To the Parliamentary Standing Committee:
The Bill was referred to the Standing Committee on Law and Justice for detailed examination and
report.
2. Report of the Committee:
It suggested essential amendments, which included strengthening the confidentiality provisions and
making it explicit that mediated settlements are enforceable.

2023
1.The Bill Introduced
The Mediation Bill was introduced in Parliament after incorporating suggestions from the Standing
Committee.
2. Passage in Parliament:
- Both Houses of Parliament passed the Bill.
3. Presidential Assent:
The President of India signed the Bill into law, thus making it the Mediation Act, 2023.

Post-Enactment (2023 and Beyond):

Implementation and Awareness:
The process starts with the setting up of mediation centers, training mediators, and bringing in the
provisions of the Act within the judicial framework.
Global Alignment:
- The Act strengthens India's ADR framework, bringing it in line with global best practices under
conventions like the Singapore Convention.

Important People related to Mediation Act

Justice R.V. Raveendran:
Retired Supreme Court judge and one of the ardent ADR proponents.
Assisted in formulating the conceptual framework for implementing mediation in India.

Justice A.K. Sikri:

Former Supreme Court judge and a supporter of ADR.
Supported mediation through its introduction into judicial and commercial disputes.

Justice Kurian Joseph:

Retired Supreme Court judge who favored incorporating mediation into settling family and social
issues.

Justice Indu Malhotra:

Former Supreme Court judge with specific experience in arbitration and mediation.
Contributed towards discussions on bringing mediation in sync with the legal frameworks.

Sriram Panchu:
Senior Advocate and Mediation pioneer in India
Played an important role in conceptualizing a standalone Mediation Act.
Advised for adoption of international best practices in the draft Bill

Harish Salve:
Senior Advocate and mediator, who through his expertise in commercial dispute resolution and
international arbitration made contributions to this process.

Anil Xavier:
President, Indian Institute of Arbitration and Mediation (IIAM).
He played a key role in integrating international mediation standards into the draft Bill.

Justice S.A. Bobde

Former Chief Justice of India, who during his tenure underlined the role of mediation, which
generated the momentum for an independent piece of legislation.

Key Organizations

Ministry of Law and Justice:

Initiated drafting of Mediation Bill. The Ministry convened various consultations for its finalizing.

Supreme Court of India:

Promoted mediation through establishing court annexed mediation centers. They also developed and
promoted mechanisms for Alternative Dispute Resolution.
Indian Institute of Arbitration and Mediation (IIAM):
Facilitated developing standards in the practice of mediation in India
Provided expert advice to stakeholders on the international best practices on ADR.
Mediation and Conciliation Project Committee (MCPC):
Set up by the Supreme Court of India.
Played a vital role in building the structure for mediation and commenting on the draft Bill.
Bar Council of India (BCI):

It represented the bar, providing feedback on provisions dealing with the qualifications and roles of
mediators.

NITI Aayog:
It pushed for ADR mechanisms, such as mediation, to enhance India's ranking in the ease of doing
business index and legal efficiency.
International Organizations:

United Nations Commission on International Trade Law (UNCITRAL):

Offered model laws and frameworks that served as the base for drafting the mediation legislation in
India.
Singapore International Mediation Centre (SIMC):
Engaged for consultancy on the compatibility of India's framework with the international mediation
framework.
Academic and Legal Members
Renowned law professors and ADR practitioners from institutions like NLUs and ILI shared research-
based suggestions.
Prof. Ranbir Singh and Dr. Madhava Menon are among the notable mediation authors and
practitioners who made submissions on the Bill.
Public Consultations and Civil Society Engagement

Mediators and ADR Practitioners:

The practicing mediators from across India were consulted in order to understand the practical
challenges and improvement that needed to be done with the law.
Corporate Bodies:
Organizations such as Confederation of Indian Industry (CII) and FICCI Arbitration and Mediation
Centre (FAMC) emphasized mediation as a significant commercial dispute resolution method.
NGOs and ADR Advocacy Groups:

The Foundation for Sustainable Rule of Law Initiatives (FSRI) and ADR ODR International were
among the groups that actively participated in the consultations to fine-tune the Bill.
The current status of mediation in India is reflective of a dynamic amalgamation of tradition and
modernity, whereby the judiciary, legislature, and society in general embrace mediation as a timeless
phenomenon suitable as a solution to the ever-increasing challenges in the dispute resolution process.
Mediation has gradually transformed from a peripheral mechanism into an integral part of the justice
delivery system. This transformation occurred with the Mediation Act, 2023, which gave mediation a
more structured framework by mandating certain cases to have pre-litigation mediation and providing
enforceability to mediated settlement agreements. Mediation centers, both court-annexed and private,
are booming nationwide with the support of a strong network of trained mediators and growing
awareness among litigants. The Supreme Court and High Courts have been instrumental in promoting
mediation in family, commercial, and social disputes, cultivating a culture of dialogue and
reconciliation. However, it remains plagued by persistent challenges like an inconsistent infrastructure
base, a severely limited training platform for mediators, and sceptical public opinion towards its
effectiveness. As India lines up with best global practices by embracing the Singapore Convention on
Mediation, practice holds tremendous promise to alleviate judicial backlog, make access to justice
greater, and resolve disputes amicably. Mediation in India is an optimistic crossroads, embodying the
ethos of collaborative problem-solving while fighting on to overcome systemic challenges to achieve
the realization of its full potential.

The current state of mediation worldwide underscores its increasing relevance as a mechanism for the
effective, amicable, and cost-effective resolution of disputes. It has gained considerable momentum
across jurisdictions because it can overcome the weaknesses of traditional litigation, such as high
costs, delays, and adversarial outcomes. The practice is increasingly regarded as a core component of
Alternative Dispute Resolution (ADR) in both domestic and international contexts.

Global Trends in Mediation

Acceptance and Legal Recognition around the Globe
In most countries, mediation has been absorbed into the legal system. Laws had to be enacted to give
legal effect to agreements reached through mediation. The Singapore Mediation Act, 2017, and the
EU Directive on Mediation (2008/52/EC) have promoted mediation in cross-border disputes.
The Singapore Convention on Mediation of 2019 has further cemented mediation's global status with
a framework for the enforcement of international mediated settlement agreements.
Institutionalization:
Leading mediation institutions, such as the International Chamber of Commerce (ICC), Singapore
International Mediation Centre (SIMC), and JAMS (Judicial Arbitration and Mediation Services) in
the U.S., have standardized practices, thus ensuring professionalism and reliability in mediation.
Court annexed mediation centers are found in most parts of the world, thus promoting integration
between mediation and judicial systems.
Sectoral Growth:
Mediation has been applied extensively in commercial disputes, family law, workplace conflicts, and
environmental issues. It is most common in construction, healthcare, and intellectual property
industries.
In cross-border disputes, international mediation has become an essential tool for the resolution of
commercial disagreements in a globalized economy.
Cultural Adaptations:

Although mediation excels in negotiating and consensus-building cultures (such as Asia and Africa),
Western nations have recently adapted it as a modern practice in ADR.
Cultural variations in mediation techniques have allowed its popularity to grow around the world.
Technology in Mediation:

Online Dispute Resolution (ODR) platforms, in fact have transformed mediation from a physical
event to a fully virtual one between parties. Of late, after the COVID-19 pandemic, they are
increasingly offering their services because of the limitations of distance as well as its cost.
Mediation faces following challenges despite overall growth:

Organizations such as the United Nations, World Bank, and IMI (International Mediation Institute)
promote mediation training and development throughout the world in order to offer high-quality
mediation practices.
Prospects
Going forward, the mediation process would be all the more vital when economies and societies are
interconnected across the globe in the face of globalization. Therefore, with technological
advancements, support from legislation, and international collaborations, mediation serves as a
torchbearer for a peaceful resolution to disputes worldwide.

Mediation as a Profession: An Overview

Mediation, as a profession, is fast gaining recognition around the globe today as the right tool to solve
disputes outside the courtroom. It blends the art of negotiation with structured problem-solving,
representing meaningful work for professionals in bringing harmony and justice. As societies and
businesses continue to more widely adopt alternative dispute resolution practices, mediation is
coming into itself as a distinct and respected profession.

Key Elements of Mediation as a Profession

1. A Mediator's Role:
Mediators act as neutral facilitators to assist the disputing parties in identifying issues, exploring
options, and coming to mutually acceptable agreements.
Unlike judges or arbitrators, mediators do not make decisions but instead enable parties to find their
own solutions.
2. Skills
Communication: Strong listening and articulation skills for the understanding and articulation of
views.
Negotiation and Problem-Solving: Ability to lead discussions to constructive outcomes.
Emotional Intelligence: Empathy and neutrality to deal with emotions and establish trust.
Legal and Cultural Knowledge: Legal frameworks and cultural sensitivities relating to disputes.
3. Career Pathways:
Independent Mediator: Freelance or private practice.
Institutional Mediation: Working in mediation centers, legal firms, or international organizations such
as the ICC.
Specialized Mediation: Specific areas of interest such as family disputes, commercial conflicts, labor
issues, or international mediation.
Court-Annexed Mediation: Work as a mediator in judicial systems, often under court orders.
Training and Certification
Educational Qualifications:

Although there is no standard requirement, a background in law, psychology, social work, or business
is beneficial.
A formal degree in conflict resolution or ADR is preferred.
Training Programs:

Accredited institutions such as the International Mediation Institute (IMI), American Arbitration
Association (AAA), or regional centers provide specialized training.
Certification courses include mediation theory, techniques, ethics, and case simulations.
Accreditation:

Many countries have licensing or accreditation bodies for mediators, including:

India: Mediation and Conciliation Project Committee (MCPC).
UK: Civil Mediation Council.
USA: State-specific mediation boards.
International certifications, such as IMI accreditation, enhance global employability.
Benefits of Pursuing Mediation as a Profession
Flexibility: Mediation offers opportunities for independent practice or institutional affiliation.
High Demand: The rise of ADR mechanisms worldwide ensures steady demand for skilled mediators.
Social Impact: Mediators help in conflict resolution, peace building, and reduction of litigation
burdens.
International Opportunities: International mediation is an opportunity for global practice as cross-
border disputes are on the rise.
Earning Potential: Successful mediators, especially in commercial and international fields, can
command competitive fees.
Challenges in Mediation as a Profession
Public Awareness: In many regions, there is a lack of understanding of mediation as a career.
Competition: The growing number of mediators in urban areas can make the market competitive.
Voluntary Nature: The inflow of cases depends on the willingness of parties to mediate.
Standardization Issues: Lack of uniform training and accreditation standards across jurisdictions.
Future of Mediation as a Profession
The global shift towards ADR and the increasing adoption of laws such as the Singapore Convention
on Mediation and India's Mediation Act, 2023, are opening new avenues for professional mediators.
As businesses, governments, and societies realize the efficiency and effectiveness of mediation, the
profession is bound to grow. There are likely to be significant opportunities for mediators with
expertise in specialized areas, such as environmental disputes or tech-related conflicts. In addition,
technology, such as Online Dispute Resolution (ODR), is changing the profession, allowing mediators
to work across borders and expanding the reach of mediation as a career.

Mediation as a profession offers a fulfilling and impactful career path for those interested in resolving
conflicts and fostering collaboration.
From its ancient origins as an art for resolving conflicts to its current status as the building block of
modern justice systems today, mediation is the ethos of dialogue, understanding, and collaboration
that makes it an alternative to adversarial litigation. It is this journey of mediation from its ancient
origins in traditional practices to its current legal frameworks created by landmark case laws,
legislative advancements, and global agreements like the Singapore Convention.

The development of mediation laws in India, culminating in the Mediation Act, 2023, reflects a
conscious attempt to harmonize international best practices with indigenous needs. This is reflected in
other countries, where strong legislative and institutional support has catapulted mediation into
mainstream dispute resolution. The comparative statistics and trends reveal that while India has made
commendable strides, there is significant potential to learn from global leaders in mediation practices,
particularly in infrastructure, awareness, and professional training.

The contributions of visionaries-including judges, mediators, educators, and policymakers-have been

central to the molding of mediation. Their pioneering effort in advocacy, drafting, and
institutionalization gives a strong foothold for development. Education and training remain as
important pillars on which world-class courses and centers exist to provide excellent programs that
gear aspiring mediators to succeed at their best levels.

A career in mediation represents an unprecedented conjunction of social contribution, intellectual

challenge, and work life balance. That its acceptability in areas of trade, family law, and international
relations is rising makes it adaptive and relevant to its context. It's exciting that this profession can
enter the specialities along with advances in technology such as Online Dispute Resolution.

The Indian and global story of mediation remains a promising but emergent narrative. By addressing
systemic issues and embracing innovation, mediation can further be tuned to enhance access to
justice, reduce judicial backlogs, and foster a culture of peace. As societies grow in realizing the
importance of positive conflict resolution, mediation is not only a mechanism but a movement,
seeking to transcend borders, cultures, and disciplines so that one finds a beacon of hope for amicable
coexistence within the complexities of the modern world.

An Alternative Dispute Resolution mechanism, Mediation, bears varied success trends from country
to country, mostly dependent on prevailing legal frameworks and the cultural dynamics along with
natures of disputants. Summarized result for mediation, from some key countries, in following lines;
India:
Mediation has become popular in India, especially after the introduction of court-annexed mediation
centers. The Bangalore Mediation Centre, for example, mediated 37,230 cases up to October 2015,
and it was able to settle 24,092 cases with a success rate of 65%24. The Mediation and Conciliation
Project Committee of the Supreme Court reported a settlement rate of 68% for cases mediated across
India in the 2019-20 period.

Turkey:
Turkey has incorporated mediation into its legal system, with some disputes being made compulsory.
As of September 2024, more than 6.4 million cases were mediated, and more than 4 million were
settled by agreement, representing a success rate of 65%. Labor disputes, which have been
compulsory since January 2018, had a success rate of 49%, while commercial disputes, which have
been compulsory since January 2019, had a success rate of 40%.25

24
P Vasanth Kumar / TNN / Updated: Nov 6, 2015 Bangalore Mediation Centre has 65% success rate in
settling disputes: Bengaluru News - Times of India, The Times of India. Available at:
https://timesofindia.indiatimes.com/city/bengaluru/Bangalore-Mediation-Centre-has-65-success-rate-in-settling-
disputes/articleshow/49691382.cms?utm_source=chatgpt.com (Accessed: 30 January 2025).
25
ADR Istanbul, “ADRIstanbul” (ADRIstanbul, September 30, 2024) <https://www.adristanbul.com/en/the-
number-of-cases-resolved-through-mediation-in-turkey-exceeds-4-million/?utm_source=chatgpt.com> accessed
United Kingdom:
Mediation has been shown to be very effective in dispute resolution in the UK. In family disputes, for
instance, mediation is effective in resolving cases to the extent of 70%.

Singapore:
Singapore has already emerged as one of the places for mediation specifically in commercial dispute
resolution. On its establishment back in 1997, Singapore Mediation Centre (SMC) managed cases
over 4,000 cases having an average settling rate of roughly 70%. The Singapore International
Mediation Centre (SIMC), a subset of SIMR, concentrates particularly on crossborder disputes with it
having managed the cases successfully on an approximate average of about 80%. 26

Japan:
Japan's court mediation success rate for commercial cases was around 56.4% in 2018. Private
mediators reported much higher success rates; for instance, the JCAA reported achieving a success
rate of about 72% where the parties consensually accepted mediation. Similar consensual cases at the
Dispute Resolution Centre of the Tokyo Bar Association reported around a 58% success rate. 27

United States:
Although national statistics are not specific, the American Bar Association reports that mediation is
successful in resolving disputes in about 70-80% of cases. A study by the University of California,
Berkeley, found that 90% of mediated cases settled. These statistics indicate that mediation is a very
effective method for dispute resolution in the U.S.28

CONCLUSION
In conclusion, mediation has become a key means of resolving disputes relieved of the burdens of
litigation, allowing for settlements by friendly negotiation. While the Mediation Act was a great leap
forward for India, obstacles such as the divergent framework, poor awareness, and the unwillingness
of lawyers remain. The comparison suggests that there is a need in this area for larger institutional

January 30, 2025.

26
“About SMC” (Singapore Mediation Centre, December 26, 2018) <https://mediation.com.sg/about-us/about-
smc/> accessed January 30, 2025.
27
Ayano Ise and others, “Snapshot: Mediation Procedure in Japan” Momo-o, Matsuo &amp; Namba (August 6,
2020) <https://www.lexology.com/library/detail.aspx?g=f6f30061-ff43-455d-aa7b-
8cdb5a9387f1&utm_source=chatgpt.com> accessed January 30, 2025.
28
John Lande, “Lessons From the ABA’s Excellent Report on Mediator Techniques” (Mediate.com, November
27, 2017) <https://mediate.com/lessons-from-the-abas-excellent-report-on-mediator-techniques/> accessed
January 30, 2025.
support, confusion of regulations, and professionalism as found with best in class practices across the
world.

SUGGESTIONS
In order to enhance mediation, a uniform law governing mediation, which would cause the laws to be
applied uniformly across various jurisdictions, needs to be established. While mediation may be
resorted to on a voluntary basis or by referring matters at its discretion to mediation, the court shall
ensure that mediation is brought on the pre-litigation stage as an obligation-seeking resolution for
civil and commercial disputes. Increased awareness and legal education, coupled with awareness of
structured training programs, will help develop a culture that supports mediation. Another way of
doing so would obviously be through technology, Online Dispute Resolution (ODR), and artificial
intelligence mediation that would expedite and make mediation more accessible. More institutional
support in the form of state-of-the-art mediation centers, awards, and other financial incentives to the
parties choosing mediation is encouraged. Recognition of mediation as a separate discipline will help
create an accreditation and career path that would ensure supply-worthy services to mediation. With
that, sustainable mediation models focus on boosting access to justice and enhancing the efficiency of
dispute resolution processes through public-private partnerships. Addressing the loopholes mentioned
will make sure mediation finds itself as an integrated tool for conflict resolution in service across the
world.