Mediation Bill

• The Centre will table the much awaited Mediation Bill in the Rajya Sabha.

About:

• The Bill provides for establishment of the Mediation Council of India and for community mediation. The Bill intends to institutionalise the process of mediation by strengthening the Alternative Dispute Resolution (ADR) mechanisms.

• The Bill safeguards the interest of the litigants to approach the competent adjudicatory forums/ courts in case urgent relief is sought.

• The successful outcome of mediation in the form of a 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.

• According to the Bill, 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.

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Mains Paper 2: Polity

Prelims level: Mediation Bill

Mains level: Key highlights about the provision of the bill

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