The Mediation Act, 2023:
The Parliament has passed the Mediation Bill 2023.
- Mediation is a voluntary process in which parties try to settle disputes with the assistance of an independent third person (the mediator).
- A mediator does not impose a solution on the parties but creates a conducive environment in which they can resolve their dispute.
- The mediation process depends on the choice of parties, and there are no strict or binding rules of procedure.
Types of Mediation:
Court Referred Mediation:
- Salem Advocate Bar Association, Tamil Nadu v. Union of India: In the case, Supreme Court held in reference to the matter of mediation that conciliation and arbitration are mandatory for court matters.
- This judgment has granted legal and social recognition to mediation as a dispute resolution in India.
Private Mediation :
- In private mediation, a qualified mediator is appointed by the parties on a fixed-fee basis. Both the parties come together to resolve the issue amicably.
- The decision of the mediator is not ultimate and hence not binding on the parties.
