Draft Mediation Bill

• 08 Nov 2021

On 5th November 2021, Government of India has released the Draft Mediation Bill for public consultation.

• It is one of various policy initiatives of government for promotion and strengthening of Alternative Dispute Resolution (ADR) mechanisms.

Main Features of the Bill

• The draft Bill proposes for pre-litigation mediation and at the same time safeguards the interest of the litigants to approach the competent adjudicatory forums/courts in case an urgent relief is sought.
• The successful outcome of mediation in the form of Mediation Settlement Agreement (MSA) has been made enforceable by law. Since the Mediation Settlement Agreement is out of the consensual agreement between the parties, the challenge to the same has been permitted on limited grounds.
• The mediation process protects the confidentiality of the mediation undertaken and provides for immunity in certain cases against its disclosure.
• The registration of Mediation Settlement Agreement has also been provided for with State/District/Taluk Legal Authorities within 90 days to ensure maintenance of authenticated records of the settlement so arrived.
• It provides for establishment of the Mediation Council of India.
• It provides for community mediation.