Centre Seeks Stakeholders' Comments On Draft Mediation Bill, 2021 [Read The Draft Bill]

The Ministry of Law and Justice on Friday placed the Draft Mediation Bill, 2021 in public domain, seeking feedback and suggestions from all stakeholders. The Bill proposes to bring about a standalone law on Mediation on issues of domestic and international mediation as India is a signatory to the Singapore Convention on Mediation. The Bill also takes into contemplation the international practice of using the terms 'conciliation' and 'mediation' interchangeably.

Mediation as an Alternate Dispute Redressal (ADR) offers an informal, simple, non-adversarial approach to resolve several type of disputes including civil, commercial and family disputes etc., where parties are not being able to start any negotiation and reach the settlement on their own.

"A draft bill with the objective to promote, encourage and facilitate mediation especially institutional mediation for resolution of disputes commercial and otherwise, enforce domestic and international mediation settlement agreements, provide for a body for registration of mediators, to encourage community mediation and to make online mediation as an acceptable and cost effective process and for matters connected therewith or incidental thereto has been prepared", the press release pertaining to the Bill states. 

Stakeholders comments are to be submitted by email to parijat.diwan@nic in or vide post to Mr. Parijat Diwan, Deputy Secretary, Department of Legal Affairs, Room No. 435-A, 4th Floor, Shastri Bhawan, New Delhi 110001. 

Union Law Minister Kiren Rijiju on September 1 had stated that the Central government was all set to introduce a new legislation on mediation in the upcoming winter session of the Parliament. The Law Minister was speaking at the foundation stone laying ceremony of the new National Law University proposed to be established at Prayagraj, Uttar Pradesh. 

Salient 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.

• Provides for establishment of the Mediation Council of India.

• Provides for community mediation.

Click Here To Read/Download Draft Bill