JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 The latest pendency of unresolved cases, sheer in gross numbers, in various courts across India is stated to be to the tune of: 4.1 crore cases pending in district and taluka courts; 59 lakh cases pending in high courts; and 71,000 cases await ruling in the apex court.58 The rate of case pile-up comes up to 2.8 per cent annually from 2010 to 2020.59 For meeting this “alarming rate of high pendency of cases”,60 “the dispute resolution mechanism like mediation is an important tool in increasing access to justice by providing redress and settlement of disputes in a non-adversarial manner, free from the formalistic procedural practices of the law.”61 In fact, the mediation mode of resolving disputes is recognised as one of the favoured methods of settlement of disputes all the world over. This is so reflected clearly in the Singapore Convention on Mediation, which is an international agreement regarding the recognition of mediated settlements.62 It was adopted on December 20, 2018 and opened for signature by all States on August 7, 2019. India is one of the States, who signed right on the opening day in the first instance.63 The Convention entered into force on September 12, 2020.64 Pursuant to the international commitment, India promptly adopted the measure to bring about mediated settlements within the framework of existing formal system of administration of justice with the introduction of Mediation Bill of 2021.65 The avowed objective of the Bill is to: (a) “promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise;” (b) enforce mediated settlement agreements, (c) provide for a body for registration of mediators, (d) to encourage community mediation and (e) to make online mediation as acceptable and cost effective process and for matters connected therewith or incidental thereto.66 Although, the mode of mediation hitherto has been one of the alternative modes of resolution of conflict problems under Section 89 of the Code of Civil Procedure, 1908, nevertheless with 58 59 60 61 62 63 64 65 66 14 These pendency figures have been cited by Justice D.Y. Chandrachud, while delivering ‘Justice Y.V. Chandrachud Memorial Lecture’ at the Indian Law Society in Pune on August 20, 2022. See, The Sunday Tribune, August 21, 2022 This rate of pendency is based on the study done by PRS Legislative Research. See, ibid Ibid Ibid. Formally called The United Nations Convention on International Settlement Agreements Resulting from Mediation. As of September 11, 2021, it was signed by 55 states. That is, six months after the deposit of the third ratification instrument by Qatar, the first two being Singapore and Fiji. Bill No. XLIII of 2021. See the Preamble of the Bill.