The Department of Legal Affairs as a further step to expand the scope and reach of ADR, has introduced a draft Mediation Bill, 2021 which may facilitate timely and consensual resolution of disputes and serve the interest of stakeholders as effective alternative remedy. The Department has invited public comments on the Draft Bill.
Main Features of 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.
- 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.
- Mediation process protects the confidentiality of the mediation undertaken and provides for immunity in certain cases against its disclosure.
- 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.
- Provides for establishment of the Mediation Council of India.
- Provides for community mediation.
Click HERE to read the Draft Bill