The said dichotomy has re-ignited the debate on whether India is ready for mandatory parti...

Is India ready for ‘mandatory mediation’? – The Sunday Guardian Live – The Sunday Guardian

The said dichotomy has re-ignited the debate on whether India is ready for mandatory participation in pre-litigation mediation in commercial matters. It is important to analyze how mediation as a mode of dispute resolution has developed over time in India and how the same has been successful in the Indian paradigm. ‘No need for courts to take consent of litigants to refer disputes for mediation.” Recently, the Hon’ble Karnataka High Court observed that any court exercising power under Section 89 of the Code of Civil Procedure, 1908 (“CPC”) for referring any pending dispute to mediation need not seek parties’ consent …

 

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