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Making mediation not mandatory is problematic
On talking terms Mediation makes for expeditious dispute resolution Getty Images/iStockphoto - Getty Images/iStockphoto
On talking terms Mediation makes for expeditious dispute resolution Getty Images/iStockphoto - Getty Images/iStockphoto×
A recent judgement has ruled that provisions for pre-institution mediation before the filing of a suit involving commercial disputes are not mandatory. This judgement sets back a laudable policy initiative for use of mediation to settle commercial disputes.
The Commercial Courts Act, 2015, which identified ‘commercial disputes’ as a class of disputes, established commercial courts and commercial divisions within the civil courts system to adjudicate these disputes. It compressed the procedures in the Civil Procedure Code, 1908, to expedite adjudication of such disputes. In 2018, this law was amended, a Section 12A was added, which required parties filing a suit under this law to fi