The Bill requires individuals to try and resolve civil or commercial disputes through mediation before resorting to any court or tribunal.
After two mediation sessions, a party will be allowed to withdraw from the process. The mediation process itself should be completed within 180 days, with the possibility of extending it by another 180 days if the parties agree.
To oversee the mediation process, the Mediation Council of India will be established. Its responsibilities include registering mediators and recognizing mediation service providers and mediation institutes, which are involved in training and certifying mediators.
Certain disputes are deemed inappropriate for mediation such as those involving criminal prosecution or impacting the rights of third parties. The Central government has the authority to amend this list if needed.
In cases where the parties agree, they can appoint any individual as a mediator. If an agreement cannot be reached on the mediator, they can seek the assistance of a mediation service provider which will appoint a mediator from its panel of qualified mediators.
The agreements resulting from successful mediation will be legally binding and enforceable in the same manner as court judgments.
Source: Barandbench
