{"id":26141,"date":"2022-01-17T03:52:47","date_gmt":"2022-01-17T08:52:47","guid":{"rendered":"https:\/\/english.cpnn-world.org\/?p=26141"},"modified":"2022-01-17T03:57:48","modified_gmt":"2022-01-17T08:57:48","slug":"indian-ministry-of-law-and-justice-the-mediation-bill-2021","status":"publish","type":"post","link":"https:\/\/english.cpnn-world.org\/?p=26141","title":{"rendered":"Indian Ministry of Law and Justice : The Mediation Bill, 2021"},"content":{"rendered":"
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… EDUCATION FOR PEACE …<\/p>\n

A project of law from PRS India<\/a><\/p>\n

\u00a0The Mediation Bill, 2021 was introduced in Rajya Sabha on December 20, 2021. \u00a0Mediation is a form of alternative dispute resolution (ADR), where parties attempt to settle their dispute (outside courts) with the assistance of an independent third person (mediator). \u00a0The Bill seeks to promote mediation (including online mediation), and provide for enforcement of settlement agreements resulting from mediation. \u00a0Key features of the Bill include:<\/p>\n

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\u00b0 <\/strong>Applicability<\/strong>:\u00a0The Bill will apply to mediation proceedings conducted in India where: (i) all parties reside in, are incorporated in, or have their place of business in India, (ii) the mediation agreement states that mediation will be as per this Bill, or (iii) there is an international mediation (i.e., mediation related to a commercial dispute where at least one party is a foreign government, a foreign national\/resident, or an entity with its place of business outside India). \u00a0In these cases, if the central or state government is a party, the Bill will only apply to: (a) commercial disputes, and (b) other disputes as notified by such government.<\/p>\n

\u00b0 <\/strong>Pre-litigation mediation<\/strong>:\u00a0In case of civil or commercial disputes, a person must try to settle the dispute by mediation before approaching any court or certain tribunals as notified. \u00a0Even if the parties fail to reach a settlement through pre-litigation mediation, the court or tribunal may at any stage of the proceedings refer the parties to mediation if they request for the same.<\/p>\n

\u00b0 Disputes not fit for mediation:<\/strong>\u00a0Disputes not fit for mediation include those: (i) relating to claims against minors or persons of unsound mind, (ii) involving prosecution for criminal offences, (iii) affecting the rights of third parties, and (iv) relating to levy or collection of taxes. \u00a0The central government may amend this list of disputes.
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Question for this article:<\/div>\n
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Mediation as a tool for nonviolence and culture of peace<\/a><\/p>\n

(Article continued from left column)<\/p>\n

\u00b0 Mediation process:<\/strong>\u00a0Mediation proceedings will be confidential. \u00a0A party may withdraw from mediation after the first two mediation sessions. \u00a0The mediation process must be completed within 180 days (even if the parties fail to arrive at an agreement), which may be extended by another 180 days by the parties. \u00a0In case of court annexed mediation (i.e., mediation conducted at a mediation centre established by any court or tribunal), the process must be conducted in accordance with directions or rules framed by the Supreme Court or High Courts.<\/p>\n

\u00b0 Mediators:<\/strong>\u00a0Mediators only assist the parties to settle their dispute, and cannot impose a settlement on the them. \u00a0Mediators may be appointed by: (i) the parties by agreement, or (ii) a mediation service provider (an institution administering mediation). \u00a0Mediators must disclose any conflict of interest that may raise doubts on their independence. \u00a0Parties may then choose to replace the mediator.<\/p>\n

\u00b0 Mediation Council of India:<\/strong>\u00a0The central government will establish the Mediation Council of India. \u00a0The Council will consist of a chairperson, two full-time members (with experience in mediation or ADR), three ex-officio members (including Secretaries in the Ministries of Law and Justice and Finance), and one part-time member (from an industry body). \u00a0Functions of the Council include: (i) registration of mediators, and (ii) recognising mediation service providers and mediation institutes (providing training, education and certification of mediators).<\/p>\n

\u00b0 Mediated settlement agreement:<\/strong>\u00a0Agreements resulting from mediation must be in writing, signed by the parties and authenticated by the mediator. \u00a0Such agreements will be final, binding, and enforceable in the same manner as court judgments (except agreements arrived at after community mediation). \u00a0Mediated settlement agreements (besides those arrived at in court referred mediation or by Lok Adalat or Permanent Lok Adalat) may be challenged only on grounds of: (i) fraud, (ii) corruption, (iii) impersonation, or (iv) relating to disputes not fit for mediation.<\/p>\n

\u00b0 Community mediation:<\/strong>\u00a0Community mediation may be attempted to resolve disputes likely to affect the peace and harmony amongst residents of a locality. \u00a0It will be conducted by a panel of three mediators (may include persons of standing in the community, and representatives of RWAs).<\/p>\n

\u00b0 Interface with other laws:\u00a0<\/strong>The Bill will override other laws on mediation (except certain laws such as the Legal Services Authorities Act, 1987, and the Industrial Relations Code, 2020). \u00a0The Bill also makes consequential amendments in certain laws (such as the Indian Contract Act, 1872, and the Arbitration and Conciliation Act, 1996).\u00a0<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

… EDUCATION FOR PEACE … A project of law from PRS India \u00a0The Mediation Bill, 2021 was introduced in Rajya Sabha on December 20, 2021. \u00a0Mediation is a form of alternative dispute resolution (ADR), where parties attempt to settle their dispute (outside courts) with the assistance of an independent third person (mediator). \u00a0The Bill seeks … Continue reading Indian Ministry of Law and Justice : The Mediation Bill, 2021<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22,80],"tags":[31],"class_list":["post-26141","post","type-post","status-publish","format-standard","hentry","category-education-for-peace","category-south-asia","tag-south-asia"],"_links":{"self":[{"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=\/wp\/v2\/posts\/26141","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26141"}],"version-history":[{"count":0,"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=\/wp\/v2\/posts\/26141\/revisions"}],"wp:attachment":[{"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26141"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26141"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/english.cpnn-world.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26141"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}