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2023 Mediation Bill: Aims & Benefits



  Sep 05, 2023

The Mediation Bill 2023: Aims, Provisions, and Benefits


Q1: What is the primary aim of the Mediation Bill 2023?

A1: The Mediation Bill 2023 aims to codify, institutionalize, and promote the mediation process by establishing the Mediation Council of India, recognizing mediation service providers, and providing for the registration of mediators.
 

Q2: Can you provide a list of the main provisions of the Mediation Bill 2023?

A2:Key provisions:
 
1.Establishment of the Mediation Council of India.
 
2.Creation and recognition of Mediation Service Providers (MSPs).
 
3.Registration of mediators to ensure quality and standards.
 
4.Provision for online and community mediation.
 
5.Voluntary pre-litigation mediation with an opt-out option after two sessions.
 
6.An indicative list of subject matters not suitable for mediation (e.g., fraud, forgery, claims involving minors, tax disputes).
 
7.Duration of mediation: To be completed within 120 days with a possible extension of another 60 days.
 
8.Enforcing mediated settlement agreements as per the Civil Procedure Code.
 
9.Mediation can be referred again if requested, even if no settlement is reached during the initial pre-litigation mediation.
 

 Q3: How does the Bill accommodate online and community mediation?

A3: The Bill supports and provides for both online and community mediation, emphasizing a more inclusive approach to dispute resolution.
 

 Q4: What disputes can be resolved through mediation under this Bill?

A4: The Bill includes family disputes, community conflicts, civil and commercial disputes, and other unconventional domains. Some matters, however, like fraud and tax disputes, are exempt from mediation.
 

  Q5: How is the enforcement of mediated settlements ensured under the Bill?

A5: Mediated settlement agreements will be enforced as per the provisions of the Civil Procedure Code, akin to court judgments or decrees, ensuring swift resolution.
 

Q6: How does the Bill address neutrality in the mediation process?

A6: The Bill codifies mediation provisions and emphasizes binding confidentiality, party empowerment, and procedural clarity, ensuring neutrality and unbiased mediation.
 

Q7: Are there challenges or concerns regarding the Bill?

A7: The Bill presents a significant step for institutionalizing mediation. However, some ambiguities, like broadly worded subject matters, might require more clarity to ensure the process's effectiveness and confidence.
 
This FAQ offers an overview of the Mediation Bill 2023, highlighting its aims, main provisions, and benefits, aiding readers in comprehending its role in the Indian legal context.


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