The proposal, if accepted, will provide a fillip to exploring mediation in other aspects of insolvency. While insolvency mediation is an intricate issue, proactive proposals will facilitate stakeholder dialogue and aid in resolving inconsistencies.

As per author, the emphasis of courts must be on creating systems that make mandatory fulfilment of Section 12A worthwhile for parties.

The authors aim at analyzing some of the pertinent questions of law attached with mediation as a compulsory form of dispute resolution.