By Dr. Smarita Mohanty
Introduction
The epidemic of novel Corona Virus 2019 (COVID-19) has triggered the necessity of the mechanism of meditation more than ever before. World Health Organization (WHO) declared it as pandemic. To combat the outbreak of COVID-19, lockdown was imposed worldwide. Work places and Courts were shut down temporarily. Rapid advancement of technology has helped employees to work from home. Courts also functioned through video conference.
Dispute Resolution Mechanism in India
Dispute Resolution Mechanism in India is in the primary stage of advancement. If India does not keep up with the technology of the time, the enormous number of new cases will pile up which shall become a burden on the pending backlog cases. At the return of normalcy in life and work culture the additional over burdened courts would result in further delay in delivery of justice.
International Scenario
During the crisis of COVID-19 many countries have implemented online dispute resolution mechanism which has helped to support the system of resolving disputes during the crisis. Online dispute resolution system has assisted in bridging the gap between the parties. Owing to the present COVID-9 outbreak and social distancing measures, firms present abroad offered services at discounted rates and provided access to online dispute resolution for the safety and comfort of their homes.
Mediation inn the form of dispute resolution mechanism is now globally recognized. It has also been recognized in India after amendment of the Commercial Courts Act, 2015 which mandated pre-litigation mediation for non-urgent cases.
National Scenario during COVID-19
In the month of March 2020 amid the spread of Corona Virus (COVID-19) Government of India declared lockdown across the country. Accordingly, Judiciary announced continuation of Court proceedings by use of video conferencing facilities for ‘urgent hearings’ only during lockdown restrictions made for travelling and maintaining social distance. This led to difficulty in filling documents physically and physical attendance by parties in Courts. In spite of such difficulty Courts have tried to take steps to ensure justice by use of technology for resolving disputes.
Feasibility
The Supreme Court has recommended the feasibility of enacting Indian Mediation Act to handle various aspects of mediation. India is a signatory to the United Nations Convention on the International Settlement Agreements Resulting from Mediation. (“The Singapore Convention on Mediation”). Under the Convention, most agreements that are settled through a mediation process will be enforceable in the courts of any signatory State in accordance with their own rules of procedure and under the conditions laid down in the convention. This has opened a way for settlement recognized internationally.
Recent Development in India
In India Section 89 of Civil Procedure Code of 1908 has provided to settle the dispute between the parties by way of alternate dispute resolution system The Supreme Court has been encouraging parties to resort to pre mediation to settle their disputes.
Effects of Closure of Courts during COVID-19
The closure of Courts and Tribunals during COVID-19 to fight the pandemic would lead to delayed justice. This gave way to negotiation and mediation which emerged as a hallenge to build a peaceful world.
Process of Online Mediation
When both parties agree to online mediation, the parties are required to visit the website of service provider of their choice and register themselves. The process of registration is fast and user friendly. After registration individuals are contacted by service provider to discuss about the process of payment of fee, date and time of mediation session. The service provider also provides free downloadable guides to individuals regarding online mediation.
Online Mediation is Party Driven
After fulfilling the requirements of registration, the online mediation starts. The session is a typically three way videoconference between the parties and an expert on online mediation, who is appointed by the service provider. It is ensured that the mediator is a neutral person and no way connected to either of the parties to the dispute. The parties are at freedom to opt for their lawyers or other interested persons of their choice by their sides.
Implementing Online Mediation in India
Mediation is gaining momentum in India. Civil disputes are now being referred to mediation by Courts. In case of commercial matters pre-litigation mediation are preferred. The increased awareness on mediation has given rise to implementation of global model of online mediation in India. The implementation of online mediation is lacking in India due to poor infrastructure as well as lack of strong and steady internet facility.
In the recent years India has witnessed a drastic change as there has been a rise in mediation institutions providing training on the benefits of mediation as preferred mode of dispute resolution.
India being the signatory of “Singapore Mediation Convention” on August 1, 2019, is expected to bring out new legislation for settlement of disputes by mediation. The new legislation would recognize both cross border and local mediation settlements in the same manner.
Conclusions
The pandemic has opened a new gateway of resolving disputes by way of online mediation. The future of online mediation seems to be bright in India. Government of India has presently promoting online modes for all matters from payment to documentation. Online mediation will be beneficial to all as it will be cost effective and convenient to the parties.