In a landmark move for India’s dispute resolution landscape, the Indian Council of Arbitration (ICA) introduced its Rules of Commercial Mediation during a symposium titled “Mediation: A Critical Tool for Commercial Dispute Resolution”. The event marked a pivotal step in promoting mediation as an efficient and economical alternative to traditional litigation.
Bringing together a diverse group of experts—including policymakers, legal scholars, and alternative dispute resolution (ADR) practitioners—the symposium underscored the transformative potential of mediation in strengthening India’s economic fabric and fostering confidence among stakeholders.
A Milestone for Accessible Justice
Opening the event, ICA’s Director General, Arun Chawla, emphasized the significance of the newly launched rules. “Mediation isn’t just an alternative—it’s a transformative tool for businesses seeking sustainable, collaborative solutions,” he stated. Chawla highlighted the need for faster, cost-effective resolution mechanisms to support India’s growth trajectory while fostering dialogue and mutual understanding.
A Legacy of Resolution
ICA President Dr. N.G. Khaitan traced the roots of mediation back to India’s cultural and social history, urging the legal community to adopt it as a mainstream practice. He called for an expanded scope of the Mediation Act, 2023, under Schedule II, to include more central legislations, thereby increasing mediation’s reach and impact.
Shaping the Future of Dispute Resolution
Dr. Rajiv Mani, Secretary of the Ministry of Law and Justice, described the ICA initiative as a historic step, aligning with the focus of the Mediation Act, 2023. He emphasized the broader scope of mediation, extending beyond commercial and contractual disputes to family and community matters. Mani highlighted unique provisions under the Act, such as the registration of mediated settlements and the introduction of community mediation, which aim to instill trust and safety in the process.
He further advocated for embedding mediation clauses in commercial contracts, asserting that this practice could revolutionize dispute resolution for investors and corporations. “Justice is not confined to courts; alternative mechanisms like mediation offer a time-bound, collaborative approach with the power to reshape adversarial mindsets,” he remarked.
Spotlight on Collaboration
The event concluded with a panel discussion on the efficacy of mediation in resolving commercial disputes. Moderated by Pinky Anand, a senior advocate and former Additional Solicitor General of India, the panel featured eminent legal minds who shared insights on the cost-effective, confidential, and cooperative advantages of mediation in a globalized commercial landscape.
The symposium culminated with the official launch of the ICA Rules of Commercial Mediation, reinforcing the ICA’s commitment to transforming India’s dispute resolution framework.
By championing mediation as a cornerstone of justice delivery, the ICA’s initiative signals a bold shift towards a more collaborative and efficient future for resolving conflicts in India’s rapidly evolving economy.
