{"id":255675,"date":"2023-08-10T20:30:43","date_gmt":"2023-08-10T15:00:43","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=255675"},"modified":"2023-08-29T15:47:09","modified_gmt":"2023-08-29T10:17:09","slug":"mediating-minus-sarkar-on-mediation-bill","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/mediating-minus-sarkar-on-mediation-bill\/","title":{"rendered":"Mediating, Minus Sarkar \u2013 on Mediation Bill"},"content":{"rendered":"\n

Source:<\/strong> The post is based on the article \u201cMediating, Minus Sarkar<\/strong>\u201d published in Times of India<\/strong> on 10th August 2023.<\/p>\n

Syllabus:<\/strong> GS2- Dispute redressal mechanisms<\/p>\n

News:<\/strong> The author discusses the new Mediation Bill passed in India, which formalizes and promotes mediation as a mainstream method for resolving disputes.<\/p>\n

What are the main features of the Mediation Bill?<\/strong><\/h2>\n

Recognition of Mediation:<\/strong> The bill recognizes mediation as a key method for resolving various disputes, from commercial to personal matters.<\/p>\n

Definition:<\/strong> Mediation involves a neutral third person helping parties find an amicable settlement.<\/p>\n

Types:<\/strong> Includes conciliation, community, and online mediation.<\/p>\n

Mediation Agreement:<\/strong> Given the same status as a court judgment, harder to challenge than an arbitral award.<\/p>\n

Online Mediation:<\/strong> Specific rules are provided for Online Mediation.<\/p>\n

Mediation Council:<\/strong> Established with experienced members from mediation, law, government, and industry sectors.<\/p>\n

Training & Service Providers:<\/strong> The bill acknowledges mediation institutes and service providers.<\/p>\n

Community Mediation:<\/strong> Addressing local peace and harmony issues.<\/p>\n

What are the benefits of the Mediation Bill?<\/strong><\/h2>\n

Speedy Process:<\/strong> Mediation can be done within days to a few months, much faster than litigation.<\/p>\n

Cost-Efficient:<\/strong> While now a profession, mediation remains less costly than court proceedings.<\/p>\n

Active Participation:<\/strong> Disputants play a central role, unlike in adversarial processes.<\/p>\n

Amicable Solutions:<\/strong> Focuses on practical agreements benefiting both parties rather than strictly legal verdicts.<\/p>\n

Enforceability:<\/strong> Mediation agreements are easily enforced.<\/p>\n

High Success Rate:<\/strong> Often sees success rates above 50%.<\/p>\n

Support from Lawyers:<\/strong> Many lawyers appreciate mediation for its advantages and benefits to clients.<\/p>\n

What are the limitations of the Mediation Bill?<\/strong><\/h2>\n

Exclusions in Schedule:<\/strong> 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.<\/p>\n

Ambiguous Provisions:<\/strong> Compoundable criminal offences are listed as non-mediatable, but another awkwardly drafted provision makes them mediatable.<\/p>\n

Weak Language:<\/strong> Mandatory mediation before litigation is emphasized in soft terms, which might dilute its impact.<\/p>\n

Section 49 Issue:<\/strong> There’s a significant loophole in Section 49, making it less stringent.<\/p>\n

Absence of Practising Mediators<\/strong>: The Mediation Council lacks representatives from the current practicing mediators, which seems like an oversight.<\/p>\n

Non-adherence to Singapore Convention:<\/strong> The bill doesn’t incorporate the Singapore Convention, which would have made enforcement of international commercial mediated settlements more accessible globally.<\/p>\n

Over-Reliance on Mediators:<\/strong> The success of the bill heavily depends on the continuous efforts of mediators across the country.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cMediating, Minus Sarkar\u201d 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… Continue reading Mediating, Minus Sarkar \u2013 on Mediation Bill<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,225,10496],"class_list":["post-255675","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-polity","tag-times-of-india","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/255675","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=255675"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/255675\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=255675"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=255675"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=255675"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}