India-Singapore Mediation Summit – Making Mediation Mainstream: Reflections From India And Singapore

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India-Singapore Mediation Summit – Making Mediation Mainstream: Reflections From India And Singapore

India-Singapore Mediation Summit – Making Mediation Mainstream: Reflections From India And Singapore

Recently, the Chief Justice of India addressed the India-Singapore Mediation Summit ‘Making Mediation Mainstream: Reflections from India and Singapore’.

  • Addressing this summit, the Chief Justice of India (CJI) outlined arbitration as an essential first step for resolution of every acceptable dispute.
  • India is a signatory to the United Nations Convention on Arbitration (Singapore Convention). The Convention provides legal support to dispute resolution through arbitration.
  • Mediation is an Alternative Dispute Resolution (ADR) process. In this, a neutral third party (called an arbitrator) conducts a meeting with the disputing parties. In this meeting he tries to help them reach an agreement to end their dispute.

Arbitration in India is divided into two categories:

  • Court Referred Arbitration: Courts in India can refer for arbitration any case pending under the Code of Civil Procedure, 1908. The Mediation and Conciliation Project Committee (MCPC) was set up by the Supreme Court in 2005 to oversee the effective implementation of arbitration.
  • Private Arbitration: Qualified employees act as arbitrators on a fixed fee basis. There are about 43,000 arbitration centers in India. According to statistics, since 2005, about 3.22 million cases have been referred for arbitration. In addition, till March 2021, about 10 lakh cases have been resolved through arbitration.

Benefits of mediation

  • It is a cost effective way of settling the dispute.
  • This is a faster process than litigation.
  • Promotes collaboration and understanding.
  • Reduces delays in court.

Source – The Hindu

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