Draft Mediation Bill 2021

Context

The Parliamentary Standing Committee on Law and Justice has recommended substantial changes to the Mediation Bill. The panel has particularly cautioned the Centre against making pre-litigation mediation compulsory. 

Scope of mediation

• Definition- Mediation is a way of resolving conflicts where two or more parties decide to reach an agreement with a support of a third, neutral party that guides them through the process. The term “mediation” entails pre-litigation mediation, online mediation, and conciliation.  
• Time Limit- The time limit for a mediation proceeding shall be 180 days from the date of first appearance before the mediator.
• Who can become a mediator? A person of any nationality can be a mediator under the Bill, provided that a foreign mediator’s qualifications satisfy the requirements as may be specified by the Council.