Mediation as a Solution to Judicial Backlog | 26 Feb 2025

Source: TH 

Why in News? 

The backlog of cases in India’s judicial system has reached alarming levels, with over 82,000 pending cases in the Supreme Court (SC), 62 lakh in High Courts, and nearly 5 crore in lower courts.  

• Amidst growing concerns over judicial delays, mediation is emerging as a viable alternative to reduce the burden on courts and facilitate quicker dispute resolution. 

What are the Causes for Judicial Backlog in India? 

• Low Judge-to-Population Ratio: India has only 21 judges per million people, one of the lowest ratios globally. This results in an overwhelming workload for judges, slowing down case disposal. 
• Rise in Litigation: Growing legal awareness and mechanisms like Public Interest Litigation (PIL) have led to an increase in the number of cases filed. 
  • Litigants often approach courts for every small dispute, including non-meritorious cases which further clog the judiciary. 
  • Nearly half of all pending cases involve the government as a litigant, increasing the burden on courts. 
• Adversarial Legal System: The Indian Judicial system encourages multiple interim applications and successive appeals, prolonging the litigation process.  
  • Further, laws like the Bihar Prohibition and Excise Act, 2016, have further clogged high courts with bail applications. 
• Infrastructure and Procedural Deficiency: Lack of sufficient courtrooms, and digital infrastructure delays proceedings. Budgetary constraints limit the expansion of judicial capacity. 
  • Adjournments, difficulty in locating witnesses, and delays in obtaining evidence contribute to the backlog. 
• Underutilized ADR Mechanisms: Although Alternative Dispute Resolution (ADR) Mechanisms like mediation, arbitration, and conciliation are available, they are not widely used. 

How Can Mediation Help in Reducing Judicial Backlog? 

• Mediation: It is an ADR process in which a neutral third party (mediator) facilitates discussions between disputing parties to help them reach a mutually agreeable solution.  
  • Mediation is voluntary, confidential, and cost-effective, with mediators guiding parties to a mutual solution. 
• Legal Framework:  
  • Mediation Act, 2023: Mandates pre-litigation mediation for civil and commercial disputes, except in urgent cases. 
    • The Mediation Act, 2023 grants mediation agreements the same legal status as a court decree and mandates resolution within 120 days, extendable by 60 days if needed. 
    • However, cases related to criminal offenses, third-party rights, and taxation are exempt from mediation.  
  • Commercial Court Act 2015: Parties are mandated to try mediation before entering courts.  
  • Code of Civil Procedure, 1908: Includes ADR methods like Arbitration, Mediation, and Conciliation for resolving disputes outside traditional court proceedings. 
• Role in Reducing Judicial Backlog: Mediation resolves civil, commercial, family, consumer, and property disputes, allowing courts to focus on criminal and constitutional cases, reducing their workload. 
  • NITI Aayog (National Institution for Transforming India) suggests pre-litigation mediation in government cases to ease court congestion and minimize legal disputes. 
  • Mediation helps resolve business, family, and community disputes while preserving relationships, often leading to amicable settlements in matrimonial cases. 

What are the Challenges Regarding  Mediation in India? 

• Lack of Awareness: Many litigants and lawyers prefer traditional litigation over mediation due to lack of awareness about its benefits. 
• Enforcement Mechanism: While the Mediation Act, 2023 mandates the Mediation Council of India (MCI), no such body has been formed yet for effective implementation. 
  • Government agencies, involved in 50% of cases, often prefer prolonged litigation over quick mediation settlements. 
• Non-Binding Nature: Since mediation is voluntary and non-binding until agreement, parties may walk away without resolution. 
• Limited Institutional Support: Court-annexed mediation centers are not available in all courts, limiting access to mediation services. 

Way Forward 

• Adopt Best Practices: India can adopt global best practices like the UK’s mediation mandate, and Italy’s mandatory mediation to reduce judicial backlog. 
• Institutional Upgrade: Establish the MCI to regulate mediation, authorize mediators, and enforce standardized practices. 
  • Expanding court-annexed mediation can further ease backlog and enhance creditworthiness. 
  • Additionally, increase the judge-population ratio from 21 to 50 per million (as per the Law Commission's 1987 report) to ensure timely justice and effectively address broader issues of judicial backlog. 
• Online Mediation: Encourage online mediation by developing digital platforms to assist mediators, similar to the Supreme Court’s SUPACE for legal research. 
  • Promote institutional mediation for businesses to resolve disputes efficiently. 
• Training: Conduct awareness campaigns for litigants and legal professionals while introducing structured training programs for mediators.