THE MEDIATION ACT 2023:WILL IT TRANSFORM DISPUTE RESOLUTION IN INDIA?

The Mediation Act, 2023 provides a comprehensive legal framework to strengthen mediation as an alternative to traditional litigation in India. This article examines the key provisions of the Act, including pre-litigation mediation, online mediation, enforceability of mediated settlements, and the establishment of the Mediation Council of India. It also analyses the Act’s potential to reduce the burden on courts, lower litigation costs, and improve access to justice. However, challenges such as limited public awareness, shortage of trained mediators, and difficulties in implementation may affect its effectiveness. The article argues that while the Act lays a strong foundation for transforming dispute resolution in India, its success will depend on effective implementation and institutional support.