The human being
is the most intricate creation—complex not only in constitution but in the
dynamic interplay of influences that shape behaviour. Fellow human beings,
environmental conditions, social and political forces, economic pressures, and
resource constraints all contribute to the way individuals act and react.
The timeless
question, “Why do people behave as they do?” forms the very foundation
of human psychology. Yet, even psychology offers only partial answers, never a
complete understanding of human nature.
Against this
backdrop, the phenomenon of dispute emerges as an inevitable aspect of human
interaction. From the dawn of civilisation, disagreements have required
resolution. In early societies, disputes were settled by the leader—the pramukh—or
by the panch. Their verdicts, often arbitrary, were final, and defiance
meant social exclusion, the harshest punishment of that era.
As civilisation
advanced, formal courts arose, replacing arbitrariness with structured justice.
Learned judges, embodying the highest intellectual discipline, heard arguments
and delivered judgments. Dissatisfied parties could appeal to higher courts,
with the Supreme Court of India standing as the apex of justice.
In democratic and
liberal societies, disputes became woven into the fabric of life—whether in
commercial contracts, government agreements, mergers and acquisitions,
inter-state conflicts, or even international disputes over borders and
resources. Mechanisms such as the International Court of Justice at The Hague
and the United Nations have sought to mediate between nations.
In India, however, the sheer volume of pending cases has created a crisis. Justice delayed often becomes justice denied, as escalating costs and changing circumstances render verdicts difficult to implement. Recognising this, and in alignment with the World Trade Organization, India enacted the Arbitration and Conciliation Act, 1996.
More recently, the Mediation Act, 2023 gave statutory
recognition to mediation, making settlement agreements legally enforceable and
establishing the Mediation Council of India to regulate and promote mediation.
Key Features of the Mediation Act, 2023:
- Scope of Application: Covers commercial, family,
community, and government disputes; recognises international mediation.
- Pre-Litigation Mediation: Encourages parties to attempt
mediation before approaching courts.
- Settlement Agreements: Mediated agreements are legally
binding, enforceable like court decrees, and can be registered for
authenticity.
- Community & Online Mediation: Introduces grassroots mediation
and validates digital platforms for dispute resolution.
As a Fellow of the Indian Council of Arbitration, Panel Arbitrator of ICA and FICCI, and with four decades of experience in education and engineering, I am convinced that society urgently needs a trustworthy Alternate Dispute Resolution (ADR) system.
The success of ADR rests not merely on procedure but on the credibility and
skill of the mediator. Considerable time and energy are wasted in prolonged
conflicts that could be resolved amicably if guided by trust and competence.
Scholarly Perspective:
A recent article in the International Journal of Law (2026) observed that while ADR reduces judicial backlog and offers speedier justice, it risks becoming a privatization of justice if not carefully regulated. The authors caution that efficiency must not overshadow fairness, especially in disputes involving unequal bargaining power.
This insight underscores the importance of Value-Based Leadership
in mediation—ensuring that ADR remains not only efficient but also equitable
and humane.
Beyond Commercial Disputes:
ADR is not limited to corporate or contractual conflicts. Family matters such as property division, marital disputes, neighborhood disagreements, or even seemingly trivial issues like parking disputes in apartment complexes can be settled through dialogue rather than confrontation.
The mechanism is simple: Impartial Mediation,
guided by Fairness, Empathy, and Value-Based Leadership.
Conclusion:
Ultimately, ADR
is not just a legal alternative—it is a cultural necessity. It embodies the
principle that disputes need not end in bitterness but can be transformed into
opportunities for understanding, dignity, and peace. In a society striving for
progress, ADR offers a path where justice is not delayed, trust is not eroded,
and harmony is preserved.
Dr. Mahendra Ingale @
Pune on August 1, 2026
Author of Value‑Based Leadership
#EngineeringHeartBeats #ValueBasedLeadership #EngineeringDreamsInspiringSouls #ConflictResolution #AlternateDisputeResolution #ArbitrationAndConciliation #LegalReforms #SupremeCourtOfIndia
