2. The First Schedule lists disputes relating to claims of minors, deities, persons with intellectual disabilities, persons of unsound mind and persons with disabilities having high support needs as ‘not fit for mediation’. However, all such people are covered by separate legislation which provide for guardianship when they are unable to take legally binding decisions. Excluding such people from mediation would be denying them easy access to justice and is discriminatory.
Similarly, disputes involving professionals such as lawyers, doctors, chartered accountants before any statutory authority in relation to registration, discipline or misconduct are excluded. Disputes involving tortious liability such as negligence are recognized in many jurisdictions and are found to be especially suitable for mediation. It is important to clarify that such complaints can be mediated. There is tremendous educative value in such mediation, and it is apprehended that even complaints of negligence may be excluded by a broad stroke.
Source: Barandbench
