Impact of Mediation on Health & Social Welfare – Indian Context

When we think about mediation, we always look at it as an alternative dispute resolution (ADR) mechanism for ‘resolution of dispute’ or something closely connected with the ‘legal system’ or ‘administration of justice’. But when we analyse the process of mediation where the resolution of a conflict is sought to made in a consensual mode by addressing the underlying emotions that gave rise to it and sustained it, I am of the view that mediation has a health dimension attached to it more than the legal angle. As we know there is a direct link between diseases and stress or conflict and it is also true that emotions and state of mind have a powerful effect on physical as well as mental health. Similarly stress related diseases or health problems will not be cured just by peripheral medical treatment without diagnosing the root-cause that created it. By an effective mediation process, apart from resolving the problem, the cause of stress or problem also gets cured – resolving the problem and curing the ailment. Unlike the other methods of dispute resolution like litigation or arbitration, where the decision made by a third party (Judge or arbitrator) is imposed on the affected parties, in a process of mediation, the mediator helps the parties to understand each other and their interest and the parties are given the freedom to make an amicable resolution at their own wish. I feel that the process of mediation is closely interconnected in promoting and protecting people’s rights and improving their health and therefore it amounts to a fundamental human right. In this chapter an attempt is made to explore how mediation is linked with advancement of health and welfare and as to why mediation should be treated as a human right and not just another “ADR” method.