NUJS Journals West Bengal National University of Juridical Sciences
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FORMATION OF MOTOR ACCIDENTS MEDIATION CELL (MAMC) IN INDIA
Get PDFndia continues to experience an ever-increasing number of motor accidents over the past few decades. The disputes that arise from motor accidents constitute a burden that a large section of the society in India cannot afford to carry. The settlement of such disputes through litigation has become tedious and inaccessible due to rising costs. A large chunk of the population that is impacted by motor accidents has no access to the justice delivery framework in India. Even though India’s economy is experiencing steady growth, the legal system in India is severely lagging behind. The pendency of cases in India is an endemic problem that needs to be tackled to ensure that India has an efficient and robust justice delivery framework. In order to tackle the rising pendency of cases, the Courts in India have considered alternative dispute resolution (ADR) processes like mediation as a tool for the resolution of disputes. Mediation has the potential to be a panacea for judicial efficiency due to its flexibility, affordability, and accessibility. In light of this backdrop, this article examines the impact of the decision of the Supreme Court of India in M.R. Krishna Murthi v. New India Assurance Co. Ltd. to create Motor Accidents Mediation Cell (MAMC) in every district in India
A CRITICAL ANALYSIS OF THE INDIAN MEDIATION BILL, 2021 WITH RECOMMENDATIONS
Get PDFThis paper analyses the provisions of the Mediation Bill, 2021 in India, with a particular focus on the mandatory pre-institutional mediation in Section 6 of the Bill. The paper examines the benefits and limitations of mandatory mediation, including empirical evidence from other jurisdictions, such as Italy and Singapore. The paper also discusses the imposition of costs as a sanction on parties who unreasonably refuse to participate in mandatory mediation sessions and other incentives to mediate, such as tax benefits and reduced Court fees. Furthermore, the paper analyses other provisions of the Mediation Bill, including online dispute resolution (ODR), the Mediation Council of India, and mediation service providers (MSPs). It argues that Courts and tribunals should provide parties with access to IT infrastructure to promote ODR, particularly in areas where access to technology is limited. The paper also discusses the role of the Mediation Council of India in promoting and developing the practice of mediation in India and highlights the benefits of community mediation. Moreover, the paper examines the use of mediation in government disputes and the provisions of Sections 50 and 51 of the Mediation Bill in India, highlighting the concerns surrounding the use of mediation in such disputes. The paper concludes that the Mediation Bill provides a strong framework for the promotion and development of mediation and ODR in India but also identifies challenges in promoting accessibility and adoption
