Mediation is not a novel concept for India it is part of our cultural ethos. India has a very long history of mediation be it in king’s courts or in village Panchayats. We may learn or understand the notion of Mediation from our historical and cultural epics Ramayana and Mahabharata. In Ramayana, the Lord Rama first sent Lord Hanuman to Lanka and when that failed he reached Lanka with his armies, however, even with his armies ready to attack the Lord send his emissary ‘Angad’ to try last efforts of talks to avoid the war. In MahabharataThe Lord Krishna attempted mediation to settle the dispute between Kaurvas and Pandavas at the King’s court of Hastinapur in the presence of their elders (Bhishama, Dronacharaya and Shukracharya etc.). 

The simplest way to define Mediation is to settle a dispute with a win-win situation by using your conversational skills, wisdom and art of diplomacy (Saam, daam, dand and bhed).

Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community, and family matters.

Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.

The term mediation broadly refers to any instance in which a third party helps others reach an agreement. More specifically, mediation has a structure, timetable, and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution to end the conflict. Mediation can be used to resolve disputes of any magnitude.

The development of mediation as an ADR (Alternative Dispute Resolution) mechanism can also be attributed to section 89 of the Civil Procedure Code (CPC), 1908 which was inserted by the CPC (Amendment) Act, 1999 with prospective effect from 1/7/2002.

We have grown into a country of 1400 million people and with liberalization & globalization we are witnessing tremendous economic growth. All this has led to explosion of litigation in our country. Though our judicial system is one of the best in the world and is highly respected, still it is often criticised on account of long delays. Almost all of our courts are saddled with pending matters and many of them especially the commercial/civil matters are languishing for decades making the resolution often redundant. Now an honest litigant is wary of approaching the court for a decision of his dispute. Hence, it is advisable to turn to Alternative Dispute Resolution mechanisms and it is growing rapidly.

Mediation is an efficient and cost-effective alternative to resolving disputes and pending litigation. Instead of having to go through trial, both parties can compromise and find a solution that is much less stressful than a court case. There are three main approaches a mediator can take: evaluative, transformative, and facilitative mediation.