Topic:Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
3) Pre-litigation mediation is an important step to improve the ease of doing business. Discuss in the context of how India can learn from the experience of other countries.(250 words)
Why this question
The recent Commercial Courts, Commercial Division and Commercial Appellate Division of Commercial Courts, Commercial Division and Commercial Appellate Division High Courts (Amendment) Ordinance, 2018, has made pre-litigation mediation mandatory. However, the concept of mediation is not new in India. In this regard, we can learn from the experiences of other countries where the process has been successful. The issue is related to GS 2 syllabus under the following heading-
Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Key demand of the question
The question wants us to analyse the mediation process in India, highlight its deficiencies and discuss examples from other countries where mediation process has largely been successful.
Discuss- this is an all-encompassing directive. We have to briefly describe the process of mediation, its application in India and examples from other countries.
Structure of the answer
Introduction– mention the recent ordinance which has made pre-litigation mediation compulsory for the parties.
- Briefly describe the process of mediation and its main features.
- Mention the laws which allow mediation in India- e.g Arbitration and Conciliation Act, 1996,Code of Civil Procedure, MSME Development Act, 2006.
- Discuss the Italian example of a voluntary yet once mandatory experiment which gives tax benefits as well.
Conclusion– Mention the need of a holistic and systematic policy to address the process, the role and professional responsibilities of mediators, the rights and obligations of parties in the process, and the outcome of the mediation agreement.