Pre-litigation dispute settlement – Mediation
Pre-litigation dispute settlement – Mediation Bill of 2022 – India’s first standalone legislation for mediation at pre-litigation in civil and commercial cases.
The news says that the Standing Committee had given the Report on 13.7.2023 and the Cabinet had cleared the Bill on 19.7.2023. It will be taken in the ensuing Parliament session.
The important and salient feature for settlement of dispute in 90 days and further extension of 90 days.
Volume No.II of the Report (of 691 pages) show the comments of Commerce & Industry, Academic institutions like National Law University, Mediation Organisations / Institutions and other research institutions, Mediation experts, Bar Council / Associations and Mediation Centres attached with Courts.
It provides for Mediation Council of India and also to register mediators & recognise mediation service providers (institutions administering mediations).
To my mind, like IBC and Arbitration Act, this legislation if passed in the ensuing Parliament Session, would go a long way in settlement of disputes at pre-litigation in a cost effective way, reduce docket of the courts, reduce burden of huge litigant costs & fees payable by the litigants and also ease of doing the business.
Law Firms, Trade Bodies and also Industrial Associations should provide for platform and consider setting up mediation centre so that such services at provided at one place and at the doorstep of the litigants.
They should consider association of the retired Judges, Officers from the judiciary with such mediation centres. Many of such retired Officers had undergone extensive mediation training while in service. A panel of Mediators can be set up at such mediation centre.
Similarly, the professionals like Advocates, Chartered Accountants and Doctors have considerable and rich experience in the relevant field can be engaged for such mediation.
