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MP’s Panel Recommendation on Mediation Bill

Mediation Bill 2021- Relevance for UPSC Exam

  • GS Paper 2: Indian Constitution- Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

MP's Panel Recommendation on Mediation Bill_40.1

 

Mediation Bill in News         

  • Recently, Parliamentary Standing Committee on Law and Justice, headed by veteran BJP leader Sushil Kumar Modi, has recommended substantial changes to the Mediation Bill
  • Mediation Bill aims for institutionalisation of mediation and establishment of the Mediation Council of India.

MP's Panel Recommendation on Mediation Bill_50.1

 

MP’s Panel Recommendation on Mediation Bill

  • On Mandatory Pre-litigation mediation: making pre-litigation mediation mandatory may-
    • Actually result in delaying of cases and
    • Prove to be an additional tool in hands of truant litigants to delay the disposal of cases.
  • Panel Recommendation on Mediation Bill warned the Centre against the provision to give higher courts the power to frame rules for mediation.
    • Clause 26 of the Bill provides that court annexed mediation shall be conducted in accordance with the practice, directions or rules by whatever name called by the Supreme Court or the High Court.
    • Panel recommended that specific provisions should be made about court annexed mediation in place of existing provisions of clause 26.
  • The Panel on Mediation Bill also questioned the non-applicability of the provisions of the Bill to disputes/matters of non-commercial nature involving the Government and its agencies.
  • On MCI members: They also discussed the qualifications and appointment of the Chairperson and Members of the proposed Mediation Council of India (MCI).
    • Panel insists that the Chairperson and full time Members of MCI to have ‘shown capacity’ and ‘knowledge and experience’ in ‘mediation.’
    • As per present provisions in the Bill, people dealing with problems relating to ‘Alternative Dispute Resolution’ can become members and chairman of the council.
  • Constitution of State Mediation Councils: recommend that keeping in view the wide spectrum of duties and responsibilities assigned to the Mediation Council of India, mediation councils should be instituted in the States as well.
    • These State Mediation Councils are to function under the overall superintendence, direction and control of Mediation Council of India and discharge such functions as may be specified by it.
  • On Mediators: The Panel believe that instead of multiple bodies registering mediators, the proposed Mediation Council of India should be made the nodal authority for the registration and accreditation of mediators. It also recommends that-
    • Each mediator should be given a unique registration number by the Mediation Council,
    • Mediation Council must be empowered to continuously evaluate the mediator by holding training sessions periodically and
    • Mediator must earn a minimum number of credit points on a yearly basis in order to be eligible to conduct mediation.

 

Draft Mediation Bill 2021: Key features

  • 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.
  • Provides for establishment of the Mediation Council of India.
  • Provides for community mediation.

 

Draft Mediation Bill 2021

Draft Mediation Bill 2021

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