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Source: The post is based on the article “Mediating, Minus Sarkar” published in Times of India on 10th August 2023.
Syllabus: GS2- Dispute redressal mechanisms
News: The author discusses the new Mediation Bill passed in India, which formalizes and promotes mediation as a mainstream method for resolving disputes.
What are the main features of the Mediation Bill?
Recognition of Mediation: The bill recognizes mediation as a key method for resolving various disputes, from commercial to personal matters.
Definition: Mediation involves a neutral third person helping parties find an amicable settlement.
Types: Includes conciliation, community, and online mediation.
Mediation Agreement: Given the same status as a court judgment, harder to challenge than an arbitral award.
Online Mediation: Specific rules are provided for Online Mediation.
Mediation Council: Established with experienced members from mediation, law, government, and industry sectors.
Training & Service Providers: The bill acknowledges mediation institutes and service providers.
Community Mediation: Addressing local peace and harmony issues.
What are the benefits of the Mediation Bill?
Speedy Process: Mediation can be done within days to a few months, much faster than litigation.
Cost-Efficient: While now a profession, mediation remains less costly than court proceedings.
Active Participation: Disputants play a central role, unlike in adversarial processes.
Amicable Solutions: Focuses on practical agreements benefiting both parties rather than strictly legal verdicts.
Enforceability: Mediation agreements are easily enforced.
High Success Rate: Often sees success rates above 50%.
Support from Lawyers: Many lawyers appreciate mediation for its advantages and benefits to clients.
What are the limitations of the Mediation Bill?
Exclusions in Schedule: The bill has a lengthy list of cases not suitable for mediation. For instance, many disputes involving the government are excluded, indicating a preference for the state to continue litigations with citizens.
Ambiguous Provisions: Compoundable criminal offences are listed as non-mediatable, but another awkwardly drafted provision makes them mediatable.
Weak Language: Mandatory mediation before litigation is emphasized in soft terms, which might dilute its impact.
Section 49 Issue: There’s a significant loophole in Section 49, making it less stringent.
Absence of Practising Mediators: The Mediation Council lacks representatives from the current practicing mediators, which seems like an oversight.
Non-adherence to Singapore Convention: The bill doesn’t incorporate the Singapore Convention, which would have made enforcement of international commercial mediated settlements more accessible globally.
Over-Reliance on Mediators: The success of the bill heavily depends on the continuous efforts of mediators across the country.
