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Mahesh

14/07/22 12:53 PM IST

House panel recommends against compulsory mediation, role for judiciary

In News 
  • Parliamentary Standing Committee on Law and Justice, headed by veteran BJP leader Sushil Kumar Modi, has recommended substantial changes to the Mediation Bill, meant for institutionalisation of mediation and establishment of the Mediation Council of India.
  • The panel cautioned against making pre-litigation mediation compulsory and warned the Centre against the provision to give higher courts the power to frame rules for mediation.
Key Provisions 
  • Clause 26 of the Bill: It provides for the court-annexed mediation
  • This clause gives the powers to the court to make rules for ‘court-annexed mediation’, which is unconstitutional.
  • Pre-litigation mediation mandatory: Making pre-litigation mediation mandatory may actually result in the delaying of cases and may prove to be an additional tool in the hands of truant litigants to delay the disposal of cases.
  • Non-applicability of provisions to non-commercial matters: Non Applicability of the provisions of the Bill to disputes/matters of non-commercial nature involving the Government and its agencies.
  • Appointment of chairperson and members: Appointment of the Chairperson and Members of the Mediation Council of India should be made by a Selection Committee constituted by the Centre.
Source- The Hindu 

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