SC disposes of plea to formulate law for mandatory pre-litigation mediation of disputes

The Supreme Court on Monday, August 14, disposed of a plea seeking direction to the Centre to formulate a law for mandatory pre-litigation mediation of disputes in order to reduce the huge pendency of cases in the judiciary.

Pre-litigation mediation is an attempt to resolve the dispute among the parties amicably with the help of a neutral third party called a mediator before moving the court or even before filing litigation or sending a notice.

"It is evident that what is sought to be included is governed by statutory provisions and the Mediation Bill 2023 was passed by the Lok Sabha. Thus, we would not intervene since this is a matter for the legislative domain," said a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.

On October 13, 2020, the top court sought responses from the Centre and all the high courts on a plea filed by the NGO, 'Youth Bar Association of India', which sought directions for taking appropriate measures to provide for mandatory pre-litigation mediation.

The plea had also sought the issuance of guidelines or formulation of a Standard Operating Procedure so as to give immediate effect to the functioning of mandatory pre-litigation mediation pan India.

While hearing the matter in March 2021, the apex court had asked the Centre to apprise it whether the government is contemplating any law for mandatory pre-litigation mediation of disputes in order to reduce the huge pendency of cases in the judiciary.

The plea had also sought direction to parties in certain types of non-urgent matters such as commercial cases, partition suits, probation petitions and such other categories to first exhaust mandatory pre-litigation mediation at a court annexed mediation centre or such other centre as this Court may deem fit.