Understanding Indian Mediation: Comparison of Indian and Korean Mediation Programs

Our societies are in constant state of dispute. We need a mechanism of dispute resolution, which is less formal, fast, flexible, cheaper, voluntary, and devoid of lengthy procedures. Mediation is one such method, which is operational in India as well as in Korea. Although the process of dispute resolution through mediation has existed since ages, it has not been able to gain the popularity that it needs. There are several issues responsible for the same and through this research we aim to identify all such problems and try to reach desirable outcome. The purpose and objective of the research is to draw a comparative analysis of contemporary mediation program in India and Korea. The focus is upon the working techniques of courtconnected/ court- led mediation. The comparative approach of India and Korea would help in understanding the basic concept of mediation, functioning in both the jurisdiction. In the midst of Pandemic, when countries were under lockdown we managed to use empirical method of data collection by conducting interviews with several experts/professionals (mostly working mediators at India and Korea). We found that, although, the rationale behind adoption of mediation in India and in Korea varies but, there exist a common need of enhancement and regularizing the status of mediation program. Both the countries lack mediation culture and awareness among the lawyers, judges and the parties. We found, Indian mediation program is similar to US mediation program. Both have similar way of appointment of mediators and enforcement of settlement agreement. Whilst, the mediation program in Korea is a hybrid/ combination of both India and US, with its distinct features.