The fact that the Mediation Bill, 2021 provides for pre-litigation mediation will give parties an opportunity to actually have a think about whether it even makes sense to commence a contentious litigation proceeding. This, in the long run, should also ease the case load on Indian commercial courts. It would be good to train younger lawyers as mediation specialists, since those skills will become very useful in the future.

Nakul Dewan

Senior Advocate, Supreme Court of India
Barrister, Twenty Essex, London

The Bill, which promotes mediation as an effective method for dispute resolution, is certainly a step in the right direction. Of course, as with all proposed legislation, some gaps and loopholes remain.

Gourab Banerji

Senior Advocate, Supreme Court of India
Overseas Associate, Essex Court Chambers, London

The proposed Mediation Law will provide a legal framework for collaboration and value creation in conflict. The commercial world can look forward to their lawyers offering them a dispute resolution process where they find business solutions. It is a clarion call for mediation service providers to be mediation ready for providing effective and quality services. A great step in the administration of justice in our country.

Laila Ollapally

Senior Mediator and Founder, CAMP Arbitration and Mediation Practice

Arbitration has proved to be one of efficient ADR tools, however it still has certain downsides such as lack of nimbleness. Mediation, on the other hand, is for sure an effective and speedier process for settling disputes at pre-litigation stage in an informal setting. Having a comprehensive law for mediation not only makes the dispute resolutions in India faster but would change the perception about litigation processes in India.

Deva Ramamoorthy

Director and Assistant General Counsel, VMware Software India Private Limited

In a rapidly evolving commercial environment mediation presents a great opportunity to resolve deadlocks in the interest of mutually beneficial business interest. The proposed legislation is a welcome step which would enhance smooth resolution of difficult situations without having to undertake traditional and often time consuming and/or costly dispute resolution process.

Shankh Sengupta

Partner and Head of the Dispute Practice, Trilegal