Mediation Bill 2023: Key Features

MEDIATION BILL 2023: KEY HIGHLIGHTS

The Mediation Bill was passed by the Rajya Sabha on 1.08.2023, aiming to institutionalize and promote mediation processes.

The Bill shortens the mediation completion time to 180 days, extendable by another 180 days upon parties' application.

Parties must attempt mediation before approaching a court for civil or commercial disputes; failure to attend 2 sessions can result in imposed costs.

Parties can withdraw from mediation after 2 sessions, but can still apply for court mediation, even without reaching a settlement.

Excluded from mediation are disputes involving minors, unsound minds, criminal prosecution, third-party rights, and serious allegations like fraud.

Proceedings under the Securities and Exchange Board of India Act and land acquisition laws are also excluded from mediation.

The Act applies to domestic and international mediation involving at least one foreign party in commercial disputes.

A Mediation Council of India will be established to register mediators, accredit institutes, and maintain a panel of mediators.

Parties can choose mediators through mutual consent or mediation service providers' recommendation from their qualified panel.

Settlements reached through mediation can be enforced like court judgments; challenges to mediated agreements are limited to specific grounds.

LEGALLY FLAWLESS

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