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27 Hamline J. Pub. L. & Pol'y 275 (2005-2006)
Mediation: Its Origin and Growth in India

handle is hein.journals/hplp27 and id is 281 raw text is: MEDIATION: ITS ORIGIN AND GROWTH IN INDIA By Anil Xavier' I. BACKGROUND Mediation is not something new to India. Centuries before the British arrived, India had utilized a system called the Panchayat system, whereby respected village elders assisted in resolving community disputes. Such traditional mediation continues to be utilized even today in villages. Also, in pre-British India, mediation was popular among businessmen. Impartial and respected businessmen called Mahajans were requested by business association members to resolve disputes using an informal procedure, which combined mediation and arbitration. Another form of early dispute resolution, used by one tribe to this day, is the use of panchas, or wise persons to resolve tribal disputes. Here, disputing members of a tribe meet with a pancha to present their grievances and to attempt to work out a settlement. If that is unsuccessful, the dispute is submitted to a public forum attended by all interested members of the tribe. After considering the claims, defenses, and interests of the tribe in great detail, the pancha again attempts to settle the dispute. If settlement is not possible, the pancha renders a decision that is binding upon the parties. The pancha's decision is made in accordance with the tribal law as well as the long-range interests of the tribe in maintaining harmony and prosperity. All proceedings are oral; no record is made of the proceedings or the outcome. Despite the lack of legal authority or sanctions, such mediation processes were regularly used and commonly accepted by Indian disputants. Mediation bears a striking resemblance, in some respects, to the ancient dispute resolution processes. In mediation the parties 1 The author is a lawyer practicing in India. The author also serves as President of the Indian Institute of Arbitration & Mediation (IIAM); Secretary General of the Mediators' Council of India (MeCI). The author can be reached by email at pre@arbitrationindia.com.

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