Mediation: In the Village of India

Mediation: In the Village of India

Mediation: In the Village of India


Whole civilization has developed its own ways for resolving disagreements. From ancient times, India has experienced the informal settlement or resolution of local issues. However, we found little consistency in conflict resolution processes. There is the one of the very famous concept that is Panchayat Justice.

Panchayats have played an essential role in resolving disputes at the rural level since ancient times. Elders settle conflicts in the community by relying on their personal relationships with the people and considering local situations, language, conventions, and practises. The previous system of informal local government has now been replaced with a formal framework. Mediation, negotiation, and organized problem resolution are all viable and desirable options for dealing with conflict and bringing peace to our communities and neighbourhoods.


In India, Mediation is a deliberate practise in which disputing parties agree to work together to find a solution to their practical dispute by signing an agreement and choosing a mediator. The contending parties make the decisions, with the mediator serving as a buffer to help them reach an agreement. The parties might hire ADR legal counsellors to represent them in front of the mediator and professionally explain the issue.

A mediator can be anyone, with any title, and can be appointed formally or informally, depending on the desire of the parties. The mediation law has been simplified and made completely accessible.


Panchayati justice is not a new concept, but rather an old institution with profound roots in the Indian culture. The Panchayati Raj system, which combined community development activities and the Nyaya Panchayats (NP) system for local conflict settlement, has been a significant innovation since independence. In India, Nyaya Panchayats have existed since ancient times. NPs were handling conflicts according to local customs.

The formation of NPs can be considered as illustrative of two other factors:

i)               At the level of values, their creation reflected a desire to provide easy legal access to the village population

ii)             At the same time, it represents a massive attempt by the state to displace existing dispute institutions in village areas, such as caste institutions, territorially based secular institutions, or other special initiatives by social reformers.

The states of Madhya Pradesh and Uttar Pradesh developed Nyaya Panchayats based on the state policy Directive Principles. At the time of the constitution's promulgation, several regions, such as Madras, Mysore, and Kerala, had a system of village courts.


In Indian villages, people living among them occur in many problems where some are small and some are big. There conflict arise in the circumstances in competition for land and natural resources such as water, conflict between the different communities, boundaries disputes and other various conflict the village faces but at the end of their mind they want their disputes to be resolved by itself or by some other person who can help them.

Villages have their Nyaya Panchayats who is headed by a group of people. It is made up of five wise and respected village elders. These panchas are elected by members of the Gram Sabha using a secret ballot system. Among them one person is the village head is known as Sarpanch. As the village leader, he resolves customary disputes as a judge of village peace, which is comparable to "mediation," in which the village head acts as a neutral person who assists the two parties to the disagreement in the dispute resolution process through discussion or consensus.


Since the beginning of time, when there have been Kulas, people have lived in joint families with members of their clans and a caste system has been a prominent feature of society. The head of the family, clan, or kula was responsible for settling disputes among the Kulas. Similar to this, when there was common trade, corporations, or Shrenis among the people, they used to appoint individuals to settle disputes within the Shrenis.

Later on, the king (Raja) being a leader of the village resolve the disputes of their Praja, who had faith in him as the king was like the god of their citizens. In India, mediation has long been used as an alternative to municipal courts for resolving disputes. The Bhradarnayaka Upanishad is the earliest treatise that is known to exist, and it makes reference to several different kinds of arbitral bodies, including the Puga, Sreni, and Kula. These tribunals, which were subsequently called Panchayats, handled a range of conflicts, including those that were contractual, matrimonial, and even criminal in nature. A settlement reached as a result of conciliation by the panchayat would be as binding as a decision that was based on obvious legal obligations because the parties in dispute would typically accept the panchayat justice.


The process of ADR is now been an easy tool for dispute resolution in the world. Villagers hold the belief that disputes should be settled within the confines of their own four walls because this was seen as a way to preserve their reputation and persona in society. People choose an alternative method of dispute resolution to avoid going through the legal system. They contact Mukhiya, share their issues with him, and have their dispute settled. This shows that this mechanism has gained significance in India since ancient times.

People from various places follow this trends as they want their dispute to be resolved faster this is because they do not want to engage in the fights and sourness between their neighbours as the village is very confined place and less area per km, so people try to live happily rather than to fall in disputive matters.

Share this articles : Whatsapp Facebook Twitter Linkedin