ARTICLE ON NEW CONCERNS REGARDING MEDIATION AS A DISPUTE RESOLUTION METHOD

AUTHOR – SANJANA KHANJIRE, STUDENT AT SCHOOL OF LAW, MIT WORLD PEACE UNIVERSITY, PUNE, BHARAT

BEST CITATION – SANJANA KHANJIRE, ARTICLE ON NEW CONCERNS REGARDING MEDIATION AS A DISPUTE RESOLUTION METHOD, ILE WEEKLY REVIEW (ILE WR), 1 (2) OF 2023, PG. 1-6, APIS – 3920 – 0037 | ISBN – 978-81-964391-3-2.

Abstract

Mediation, as a widely recognized alternative dispute resolution method, is facing emerging concerns that challenge its effectiveness and fairness in resolving conflicts. This abstract explores these concerns, which include power imbalances, enforceability, legal protection, accountability, and access and inclusivity. Power imbalances pose a significant concern in mediation, as parties with unequal resources or influence may face coercion or unfair outcomes. The enforceability of mediated agreements is also a worry, as they lack the same legal standing as court judgments, potentially undermining confidence in the process. Additionally, concerns about legal protection arise when parties unknowingly agree to terms that contradict their legal rights. Confidentiality, while preserving privacy, restricts transparency and accountability in mediation. This raises concerns about potential misconduct by mediators, which may go unnoticed or unaddressed. Furthermore, access and inclusivity are problematic, as some individuals may lack the resources or understanding to navigate the mediation process effectively. Certain types of disputes, such as those involving power imbalances or domestic violence, may also be unsuitable for mediation due to safety and fairness concerns. To address these concerns, promoting awareness and education about mediation pitfalls is crucial. Training for mediators, ethical guidelines, and improved screening processes can ensure fairness, neutrality, and accountability. Enhancing enforceability and legal protections, especially in complex cases, is necessary. Furthermore, research and evaluation of mediation practices can identify areas for improvement, ensuring that mediation remains a viable and effective dispute resolution option.

Keywords: Alternate Dispute Resolution, Mediation, Arbitration, Legal Proceedings, Third person.