EVOLUTION OF MEDIATION: A HISTORICAL PERSPECTIVE WITH A FOCUS ON INDIA

By: Nikhilesh Pratap Singh Gour, Law Student, United world School of Law, Karnavati University

INTRODUCTION:

In nearly every community, country, and culture, informal dispute-resolution methods have a long-standing history, with many ancient practices sharing procedural similarities with contemporary mediation. However, India's journey through mediation is shrouded in obscurity due to the lack of clear historical records and the impacts of colonization over the past 250 years. This article aims to explore the historical evolution of mediation, shedding light on its ancient roots and its recent recognition in India's legal system. 

HISTORICAL PERSPECTIVE:

During Vedic times (approximately 4000 to 1000 years B.C.), ancient India embarked on its quest for laws, with early Aryans relying on unwritten laws based on divine wisdom, reason, and prudence. The epoch of the Vedas saw the development of scholastic jurists who established the philosophy of basic laws. Indigenous methods of dispute resolution flourished during this period, with the establishment of KULA and SHRENI tribunals. Buddhism further propagated mediation as a wise means of resolving problems, emphasizing the focus on the future instead of dwelling on the past. 

Intriguingly, complex cases were not always resolved within the King's courts but through the King's mediators, illustrating early instances of interest-based negotiation. Village panchayats, serving as conciliatory and decision-making bodies, exhibited features of both mediation and arbitration. 

MEDIATION IN THE UNITED STATES :

In the United States, mediation took various paths of development. Community mediation emerged during the 1960s in response to racial tensions and integration issues, and it later expanded to address neighbourhood disputes and interpersonal conflicts. Private mediation gained popularity when insurance companies recognized the cost benefits of resolving insurance claims informally and efficiently. Concurrently, court-annexed mediation, introduced in the 1970s and 1980s as an experimental measure, witnessed significant expansion in the 1990s. This approach deemed mediation as an effective means of narrowing issues for litigation within the court system.