Mediation Bill mandates pre-litigation mediation for civil and commercial disputes

It also seeks to enforce mediated settlement agreements and establish a body for the registration of mediators.

Who it concerns: The law applies to parties habitually residing in or incorporated in India, parties to international mediations, and those involved in commercial disputes. It specifically excludes the Central Government, State Governments, and their agencies from mandatory application unless the dispute is commercial or specifically notified by the Government. It also affects mediators, mediation service providers, mediation institutes, and courts/tribunals.

What the bill does

• Mandates pre-litigation mediation for civil and commercial disputes before filing a suit, with specific procedures for commercial disputes of Specified Value.
• Establishes the Mediation Council of India for the registration of mediators and regulation of the process.
• Recognizes mediation service providers and institutes for training and certification.
• Provides for online mediation and community mediation.
• Sets rules for the enforcement of mediated settlement agreements and challenges to them.
• Amends several existing laws, including the Limitation Act, 1872, Code of Civil Procedure, 1908, and the Commercial Courts Act, 2015.

Also in the document

• The Act has overriding effect on mediation or conciliation provisions contained in other laws.
• The Act does not apply to pending proceedings.
• It amends multiple existing Acts, including the Limitation Act, 1872, Code of Civil Procedure, 1908, Legal Services Authorities Act, 1987, Arbitration and Conciliation Act, 1996, Companies Act, 2013, and others.