Draft Mediation Bill, 2021 – UPSC GS2

The Ministry of Law and Justice has placed the Draft Mediation Bill, 2021 in public domain seeking feedback and suggestions from all stakeholders.
What is Mediation?
Mediation is a way of resolving conflicts where two or more parties decide to reach an agreement with the support of a third, neutral party that guides them through the process.
What are the objectives of the Draft Mediation Bill,2021?
  • To promote, encourage, and facilitate mediation, especially institutional mediation, to resolve disputes, commercial and otherwise.
  • To bring standalone law on Mediation on domestic and international mediation issues, as India is a signatory to the Singapore Convention on Mediation.
  • To include the international practice of using the terms ‘conciliation’ and ‘mediation’ interchangeably.
What are the key features of the Bill?
  • Bill proposes pre-litigation mediation. At the same time, it safeguards the interest of the litigants to approach the competent adjudicatory forums/courts for urgent relief.
  • Successful outcome of mediation in the form of a Mediation Settlement Agreement(MSA) has been made enforceable by law.
  • Mediation process protects the confidentiality of the mediation process and provides for immunity in certain cases against its disclosure.
  • Mediation Settlement Agreement could be registered with State/District/Taluk Legal Authorities within 90 days to ensure maintenance of authenticated records of the settlement so arrived.
  • Bill provides for the establishment of the Mediation Council of India.
  • It provides for community mediation.