The Mediation Bill, 2021
Mr Kiran Rijuji
Minister of Law and Justice
The Bill seeks to institutionalize the process of mediation by strengthening the Alternative Dispute Resolution (ADR) mechanisms with an aim to facilitate quick disposal of disputes outside courts.
Salient Points ()
The bill seeks for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for the registration of mediators.
The purpose of the bill is to encourage community mediation and to make online mediation an acceptable and cost-effective process.
The Bill defines a 'mediation service provider' as a body or organization that provides for the conduct of mediation and has in place procedures and rules to govern the conduct.
The Bill recognizes online mediation conducted through the use of applications and computer networks.
- There is a need to unify the different enactments and rules and regulations related to Mediation.
- The laws on mediation are contained in several enactments different rules and regulations. It is necessary to bring umbrella legislation as per current framework.
- Singapore convention on mediation
- India is a signatory to the Singapore convention on mediation.
Bill introduced in Rajya Sabha
Referred to Standing Committee
WHY (as per the govt)
Salient Points ()
This would strengthen the Alternative Dispute Resolution (ADR). It would facilitate quick disposal of disputes, outside of traditional court systems.
It would enforce domestic and international mediation settlement agreements.
It would result in the restoration of faith of the litigants in the judicial and lawmaking arms of the government.
ADR is a third party who helps the the parties to communicate, discuss the differences and resolve the dispute.
|The dispute is submitted to an arbitral tribunal which makes a decision on the dispute that is mostly binding on the parties.||An impartial person called a “Mediator” helps the parties try to reach a mutually acceptable resolution of the dispute.||It is a non-binding procedure in which an impartial third party, the conciliator, assists the parties in a dispute in reaching a mutually satisfactory agreed settlement of the dispute.|
|It is less formal than a trial and rules of evidence are often relaxed.||The mediator helps the parties communicate so they can try to settle the dispute themselves.||It is a less formal form of arbitration.|
|There is no right to appeal an arbitrator’s decision.||It leaves control of the outcome with the parties.||The parties are free to accept or reject the recommendations but if both parties accept the settlement document drawn by the conciliator, it shall be final and binding on both.|
|There is very little scope for judicial intervention in the arbitration process.|
- There are the number of pending cases and still piling up despite setting up fast track courts.
- Delays in litigation should be mended by referring disputes to ADR for settlement, which would prove to be an effective counter to reduce pendency.
- It would reduce burden on judiciary system.