India’s justice system is at a breaking point. With over 50 million cases pending in courts, legal redress remains slow, expensive, and inaccessible for vast segments of the population, especially those historically and systematically excluded, such as Dalits, Adivasis, women, and informal workers. The enactment of the Mediation Act 2023 signals a transformative shift in India’s judicial and legal ecosystem, aiming not just at decongesting courts but at embedding a more inclusive, community-driven approach to dispute resolution.
Community-based mediation: A mechanism for inclusive justice
On 3rd February 2025, the Centre for Law and Transformative Change (CLTC) convened a workshop and consultation on community-based mediation in Bangalore. Led by Miriam Chinnappa, Executive Director of CLTC, the event brought together over ten community-based organisations working across women’s rights, livelihoods, environmental justice, para-legal Dalit networks, microfinance, labour rights, housing rights, and child rights. The dialogue focused on how the Mediation Act 2023 could serve as a tool for systemic justice reform, making legal recourse more accessible, affordable, and community-driven.
Yashodha, Founder of Munnade, shared the everyday reality for marginalised communities:
“Legal battles remain a privilege we simply cannot afford. The formal legal system is often lengthy, expensive, and emotionally draining, making it an unviable option for millions. Historically, marginalised groups and women like ours have been systematically excluded from formal justice mechanisms, facing discrimination and prolonged delays.”
Marie Joseph, Founder of Navadeep, reflected on the historical denial of justice to Dalits:
“For centuries, justice has been inaccessible to marginalised communities. While deep-rooted inequalities persist, the Mediation Act 2023 may create small yet meaningful opportunities for change. For the first time, this law may potentially offer our community a path towards justice that has been historically denied to us.”
The historical role of mediation and its systemic limitations
India has long relied on informal dispute resolution mechanisms such as village panchayats, caste councils, and religious bodies. While these forums have historically provided an alternative to litigation, they have also reinforced social hierarchies and discriminatory practices, especially against Dalits, women, and other marginalised groups. Caste councils, for example, often uphold exclusionary traditions rather than equitable justice. In contrast, Lok Adalats, which operate as alternative dispute resolution forums, align more closely with mediation principles by promoting conciliatory settlements and reducing legal burdens. The synergy between Lok Adalats and mediation can further institutionalise fair and inclusive dispute resolution mechanisms.
Community-based mediation offers a more structured alternative, one that retains local legitimacy while ensuring impartiality, legal recognition, and enforceability. Unlike informal mediation that often lacks accountability, the Mediation Act 2023 seeks to institutionalise fair dispute resolution mechanisms that are rooted in legal legitimacy.
Prabhavathi from Chigaru Organisation (Trust) noted:
“Negotiations and compromises are often misunderstood as mediation. However, community-based mediation in India remains inconsistent. Many individuals facilitating disputes lack formal training, leading to unreliable or unenforceable outcomes. The Mediation Act 2023 could standardise these practices, ensuring that mediation becomes a credible, enforceable, and accountable process.”
The Mediation Act 2023: A structural reform for equitable and inclusive justice
The Mediation Act 2023 is not merely a legal and administrative reform; it is a foundational shift towards systemic transformation. Prior to its enactment, mediation was scattered across various laws with no dedicated regulation. The Act establishes a unified legal framework that defines mediation processes, timelines, institutions, and enforceability, embedding it as a core mechanism within the justice system.
Key provisions driving systemic change:
- Mandatory pre-litigation mediation: The Act requires parties to attempt mediation before initiating legal proceedings in commercial disputes. This provision aims to reduce judicial backlog while actively promoting negotiated settlements.
- Legal enforceability of mediation settlements: Mediated agreements now hold the same enforceability as court decrees, ensuring adherence and fostering trust in the mediation process.
- Institutional support and regulation: The Mediation Act of 2023 mandates the establishment of the Mediation Council of India (MCI) to oversee and regulate mediation in the country. The MCI is intended to set standards for training, accreditation, and professional conduct, ensuring that mediation remains a credible, effective, and structured dispute resolution mechanism. However, the MCI has yet to be established, and concrete steps must be taken to operationalise it.
- Time-bound mediation process: The law introduces a 180-day limit on mediation proceedings (extendable by another 180 days if necessary), enhancing efficiency.
- Recognition of online and community mediation: By legally recognising digital and community-based mediation, the Act expands access to justice, particularly in remote and underserved regions.
Mediation as a vehicle for justice inclusion
Mediation has the potential to disrupt systemic exclusions entrenched in the legal system by shifting justice delivery from adversarial litigation to a community-driven, collaborative model. Unlike traditional courts, where power imbalances can disadvantage marginalised groups, mediation offers a participatory platform where affected individuals retain agency over dispute resolution.
The passage of the Mediation Act 2023 was a significant achievement, requiring extensive effort and advocacy. Now that it has been enacted, the focus must shift to effectively implementing it and ensuring that mediation works for the people by resolving conflicts efficiently and equitably. The Act presents numerous opportunities to embed mediation within India’s justice framework, including a more accessible and community-centred approach to dispute resolution. However, realising its full potential requires structured implementation, institutional support, and a trained pool of mediators who can facilitate fair and effective outcomes.
At the same time, it is essential to recognise the limitations of mediation. While the Act expands access to alternative dispute resolution, there are specific cases where mediation is not appropriate. For example, cases involving criminal offences, domestic violence, or significant power imbalances require state intervention and formal judicial oversight to protect vulnerable parties and uphold justice. The Act, therefore, positions mediation as a complementary mechanism rather than a replacement for formal judicial processes. Acknowledging these exceptions ensures that mediation is used where it is most effective – empowering communities, fostering dialogue, and making resolution more accessible, while recognising when traditional legal mechanisms are necessary.
Reimagining justice through community-led systems change
The Mediation Act 2023 is more than a legal reform. It is an opportunity to reshape India’s legal and judicial landscape into one that is participatory, inclusive, and resolution oriented. By embedding mediation within a regulated framework with well-trained mediators while ensuring accessibility for historically excluded communities, the Act enables a systemic shift in how justice is conceptualized and delivered.
However, as mediation gains prominence, the lack of trained and certified mediators remains a critical challenge. As Tara Ollapally, Founder and Director of CAMP (Centre for Arbitration and Mediation Private Limited), observes, “there is a dearth of trained mediators in India who truly understand the nuances of a ‘needs-based’ process. This is absolutely urgent if we have to make mediation work for the people. Trained mediators are important to understand the human story of each party, the dynamics between the parties, the opportunities, and equally, the limitations of settlement, and ensure that party autonomy is preserved. It is essential that mediators are trained in accordance with international standards and adhere to the core values and principles of mediation in their practice so that mediation gains legitimacy and integrity.”
By implementing the Mediation Act of 2023 at the community level, we can show that justice needs can be effectively met where people live and interact, ensuring that local conflicts are resolved in a manner that is accessible, participatory, and culturally responsive. Mediation has the potential to be a transformative tool for justice, one that not only resolves disputes but also restores trust in legal systems, strengthens community resilience, and ensures equitable access to justice. Through community-led mediation, India’s legal landscape can evolve into one where justice is not only efficient and functional but also truly just and meaningful.