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Draft Mediation Bill For Public Consultation

Draft Mediation Bill For Public Consultation:

The government has issued a Draft Mediation Bill for Public Consultation.

  • 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 and courts in case an urgent relief is sought.
  • As per the draft Bill, the successful outcome of mediation in the form of the Mediation Settlement Agreement 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.
  • As per the draft bill, the mediation process protects the confidentiality of the mediation undertaken and provides for immunity in certain cases against its disclosure.
  • The draft bill also says that registration of Mediation Settlement Agreement has been provided for with State, District and Taluk Legal Authorities within 90 days to ensure maintenance of authenticated records of the settlement so arrived.
  • It also provides for the establishment of the Mediation Council of India.