Amid the din and disruptions by Opposition members on the Manipur situation, the Mediation Bill, 2023 was passed by the Lok Sabha on Monday.
Earlier, on August 1, the Bill was passed by the Rajya Sabha.
During a discussion on the draft legislation, Union Minister for Law and Justice, Arjun Ram Meghwal, said, “Mediation is not a new concept for an ancient country like India. Several examples of mediation are available in different texts and scriptures.”
He added that the Bill aims at addressing and resolving the problems of the poor.
The Law Minister said that about 70,000 cases are pending in the Supreme Court and another 60 lakh were pending arbitration in high courts.
He noted that as many as 4 crore cases were pending in the district and subordinate courts.
The minister added that the government has given priority to reduce the pendency of cases in courts. He said the Bill will boost the ease of living and will be cost-effective. He said, through this bill mediation centres will get legal support.
The Bill aims to “promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for the registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost-effective process and for matters connected therewith or incidental thereto.”
The Bill focuses on the importance of alternative dispute resolution mechanisms. It allows individuals to attempt the settlement of civil or commercial disputes through mediation before approaching a court or tribunal.
Under the Mediation Bill, a party is allowed to withdraw from the mediation process after two sessions. The Bill also sets a timeframe for the completion of the mediation process, with a maximum duration of 180 days, which is, however, extendable for an additional 180 days if required.
This allows parties sufficient time to negotiate and reach a resolution through the mediation procedure. In order to resolve disputes through mediation, the establishment of the Mediation Council of India has a big role to play, read the draft legislation.
This council is to play a crucial role in facilitating effective mediation by registering mediators and recognising mediation service providers and institutes. It aims to ensure the availability of qualified mediators for dispute resolution.
Furthermore, agreements resulting from mediation will be treated as legally binding.