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Mahesh

05/10/22 07:06 AM IST

Mediation Bill 2021

In News 
  • The Mediation Bill, 2021 was introduced in the Rajya Sabha with the Parliamentary Standing Committee being tasked with a review of the Bill.
  • The bill was introduced in Rajya Sabha in December, 2021, with an aim to reduce the pendency of cases in courts.
Issues highlighted 
  • The panel highlighted many key issues including mandatory and coercive nature of pre-litigation mediation.
  • Making pre-litigation mediation necessary may result in case delays and provide another instrument in the hands of truant litigants to prolong case disposition.
  • Clause 26- The panel was against clause 26th clause of the draft which gives power to the supreme court or the High court to make laws of pre-litigation according to them.
  • Non-Applicability to Non-Commercial Disputes- The members questioned the non-applicability of the provisions of the Bill to disputes/matters of non-commercial nature involving the Government and its agencies.
  • The panel had discussions also about the qualifications and appointment of the Chairperson and Members of the proposed Mediation Council.
Recommendations 
  • It recommended to make pre-litigation mediation optional and further introduced it in a phased manner instead of introducing it with immediate effect for all civil and commercial disputes.
  • While implementing pre-litigation mediation under the Commercial Courts Act, 2015, should be studied before mandating it across other case categories.
  • The panel recommended that the Central Government can appoint the Chairperson and Members of the Mediation Council of India through a selection committee.
  • In the bill it was given that people dealing with problems related to 'Alternative Dispute Resolution' can become members and chairman of the council if they show 'capacity' and 'knowledge and experience' in mediation.
  • The Mediation Council should issue each mediator with a unique registration number, and those provisions be made in the bill to allow the Mediation Council to continuously evaluate the mediator by holding training sessions on a regular basis and that the mediator earns a minimum number of credit points on a yearly basis in order to be eligible to conduct mediation.
  • The panel recommended reducing the time limit from180 days to 90 days and further an extension period of 60 days instead of 180 days.
  • They also recommended reframing the new definition of mediation and do not put it separately under clause 4 as it is already given in clause 3.
Provisions of the Bill 
  • The objective of the bill is to settle any civil or commercial disputes through mediation before seeking court or tribunal’s intervention.
  • After two mediation sessions, a side may withdraw from mediation.
  • The mediation procedure must be completed within 180 days, which the parties may extend by another 180 days.
  • The India Mediation Council will be established to regulate the whole process.
  • Its tasks include registering mediators and recognising mediation service providers and mediation institutes.
Source- The Hindu 

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