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What is the News?
The Ministry of Law and Justice has placed the Draft Mediation Bill, 2021 in public domain seeking feedback and suggestions from all stakeholders.
What is Mediation?
Mediation is a way of resolving conflicts where two or more parties decide to reach an agreement with the support of a third, neutral party that guides them through the process.
What are the objectives of the Draft Mediation Bill,2021?
To promote, encourage, and facilitate mediation, especially institutional mediation, to resolve disputes, commercial and otherwise.
To bring standalone law on Mediation on domestic and international mediation issues, as India is a signatory to the Singapore Convention on Mediation.
To include the international practice of using the terms ‘conciliation’ and ‘mediation’ interchangeably.
What are the key features of the Bill?
Firstly, the Bill proposes pre-litigation mediation. At the same time, it safeguards the interest of the litigants to approach the competent adjudicatory forums/courts for urgent relief.
Secondly, the successful outcome of mediation in the form of a Mediation Settlement Agreement(MSA) has been made enforceable by law.
Thirdly, the mediation process protects the confidentiality of the mediation process and provides for immunity in certain cases against its disclosure.
Fourthly, Mediation Settlement Agreement could be registered with State/District/Taluk Legal Authorities within 90 days to ensure maintenance of authenticated records of the settlement so arrived.
Fifthly, the bill provides for the establishment of the Mediation Council of India.
Lastly, it provides for community mediation.
Source: This post is based on the article “Draft Mediation Bill issued for Public Consultation” published in “PIB” on 6th November 2021.
