Mediate, Don’t Litigate-Mediation Bill is a way to reduce the judicial backlog. Governments shouldn’t be exempted from it

Source: The post is based on the article “Mediate, Don’t Litigate-Mediation Bill is a way to reduce the judicial backlog. Governments shouldn’t be exempted from it” published in “Times of India” on 21st July 2023.

Syllabus: GS 2 – dispute redressal mechanisms and institutions

News: The Mediation Bill was cleared by the Union cabinet this week for introduction in the just-started monsoon session of Parliament.

What is mediation Bill?

Mediation Bill was introduced to address the backlog of over 45 million cases in India’s judicial system, where 90% are in district and subordinate courts.

Features of Mediation Bill

Nature: Non-adversarial, consent-based.

Scope: Limited to civil and commercial disputes.

Procedure: Mandatory two-session pre-litigation mediation.If it’s unsatisfactory, a disputant can opt out and switch to litigation.

Duration: Maximum 180 days, extendable by another 180 days.

Outcome: Mediation agreement is binding on all involved parties.

What are the major concerns related to Mediation Bill?

Mandatory Mediation: The Mediation Bill requires mandatory mediation before litigation. There’s concern this can be misused to purposely delay cases. A suggested fix is to shorten the 180-day mediation deadline.

Government Exclusion: Bill doesn’t cover the government, a major litigant, from mandatory mediation.

Alignment Issues: The bill should better synchronize with the Singapore Convention for smoother cross-border dispute resolutions.