Mediation as a Solution to High Pendency and Judicial Delay in India: A Legal Perspective

Abstract

The Indian judiciary is grappling with an overwhelming backlog of cases, with over 4.4 crore cases pending across various courts, leading to prolonged delays in justice delivery. The inefficiencies in the legal system, exacerbated by procedural complexities, a shortage of judges, and rising litigation, necessitate alternative dispute resolution (ADR) mechanisms. Mediation has emerged as a viable solution, offering expeditious, cost-effective, and amicable dispute resolution.

This article examines the legal framework governing mediation in India, including Section 89 of the Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996, the Commercial Courts Act, 2015, and the proposed Mediation Bill, 2021. Judicial recognition of mediation in landmark cases such as Salem Advocate Bar Association v. Union of India (2003) and Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010) has reinforced its significance. Furthermore, case studies from mediation centers across India demonstrate its effectiveness in reducing litigation timelines and easing judicial burdens. Despite its benefits, mediation faces challenges such as lack of awareness, resistance from legal professionals, and enforcement issues.

This paper argues that institutionalizing mediation through a structured legal framework, judicial endorsement, and public awareness initiatives can significantly contribute to reducing judicial pendency and enhancing access to justice in India.