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The document discusses the evolution and significance of pre-institution mediation in India, particularly following the amendments to the Commercial Courts Act, 2015, which mandates mediation before litigation in commercial disputes. It examines the judicial interpretation of Section 12A, questioning whether the requirement for pre-institution mediation is mandatory or procedural, and highlights the implications of this distinction on the nature of mediation. The document also outlines the process of pre-in

Author

Lakshita Magar

Language

EN