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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.
