The Mediation Bill, 2021 is a landmark legislation that seeks to promote mediation as an alternative dispute resolution (ADR) mechanism in India. The Bill was introduced in the Rajya Sabha on December 20, 2021, and is currently under consideration by the Standing Committee on Personnel, Public Grievances, Law and Justice.
The Bill has several key features, including:
Mandatory mediation before litigation: The Bill requires parties to attempt to settle their disputes through mediation before approaching a court or tribunal. This is a significant departure from the current system, where parties are free to file a lawsuit without first attempting to mediate.
Enforcement of mediated settlement agreements: The Bill provides for the enforcement of mediated settlement agreements (MSAs) through the courts. This will give parties greater confidence in mediation and encourage them to use this ADR mechanism to resolve their disputes.
Establishment of a Mediation Council of India: The Bill establishes a Mediation Council of India (MCI) to oversee the mediation process and to register mediators. The MCI will also be responsible for developing mediation standards and guidelines.
The Mediation Bill, 2021 is a positive step towards promoting mediation as an alternative to litigation in India. The Bill has the potential to reduce the number of cases pending in the courts, and to provide parties with a more efficient and cost-effective way to resolve their disputes.
Benefits of mediation
Mediation is a voluntary process in which a neutral third party (the mediator) helps parties to reach a mutually agreeable resolution to their dispute. Mediation is often faster and less expensive than litigation, and it can help to preserve relationships between the parties.
The Mediation Bill, 2021 is expected to provide several benefits to the Indian legal system, including:
Reduced litigation: The Bill's mandatory mediation provision is expected to reduce the number of cases pending in the courts. This will free up judicial resources for other cases, and it will also help to reduce the backlog of cases.
Increased efficiency: Mediation is a more efficient way to resolve disputes than litigation. The mediation process is typically shorter and less expensive than litigation, and it can help to preserve relationships between the parties.
Improved access to justice: Mediation is a more accessible form of dispute resolution than litigation. Mediation is often less expensive than litigation, and it can be more convenient for parties who live in remote areas.
Conclusion
The Mediation Bill, 2021 is a positive step towards promoting mediation as an alternative to litigation in India. The Bill has the potential to reduce the number of cases pending in the courts, and to provide parties with a more efficient and cost-effective way to resolve their disputes.
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