In news

The Government of India, in order to expedite the process of dispute resolution, has come up with
an appropriate draft bill on Mediation.

Objective

• To promote, encourage and facilitate mediation especially institutional mediation for resolution of disputes commercial and otherwise, enforce domestic and international mediation settlement agreements, provide for a body for registration of mediators,
• To encourage community mediation and to make online mediation as an acceptable and cost effective process and for matters connected therewith or incidental there to has been prepared

Details

• The draft bill on Mediation establishes a consolidated framework bringing the existing laws on
  mediation from various enactments under umbrella legislation.
• This bill ensures deep scrutiny of the interchangeability of the term’s ‘mediation’ and ‘conciliation’.
• Mediation is an alternate dispute redressal mechanism that offers an informal, simple, no adversarial approach to settle matters.

Why it is required?

• Since the laws on mediation are contained in several enactments, including Rules and Regulation, it was felt necessary to ascertain the present statutory framework on mediation and bring umbrella legislation including amendments in the existing laws.
• Besides, India is a signatory to the Singapore Convention on Mediation, so enacting a law on domestic and international mediation became necessary.

Features of the Bill

• The bill facilitates pre-litigation mediation and thereby protects the interests of litigants approaching the courts in matters where urgent relief is required.
• A Mediation Settlement Agreement (MSA), born out of the consensual agreement between the parties, is ensured as a successful outcome of the mediation with less challenge.
• The confidentiality of the mediation process will be assured.
• The state/district/taluk legal authorities will be entrusted with the registration of MSA within 90 days and maintenance of all the records of settlement.
• This bill envisages the creation of the Mediation Council of India and community mediation.
• Eventually, this draft bill, when provided with its proper legislative shape, will enable a faster resolution of disputes resulting in the restoration of faith of the litigants in the judicial and lawmaking arms of the government.