THE MEDIATION BILL, 2021

What does this law do?

This law establishes a legal framework for mediation to resolve disputes, including commercial and community disputes, and provides for the enforcement of mediated settlement agreements. It aims to promote mediation as an alternative to court litigation.

Who it affects

The law applies to all parties involved in disputes in India, including individuals, businesses, and government entities (except for certain non-commercial disputes involving government bodies), and mediators, mediation service providers, and the Mediation Council of India.

Key provisions

• Mediation must be conducted in writing with a mediation agreement.
• Pre-litigation mediation is required before filing civil or commercial lawsuits, except for specific cases.
• Mediation can be conducted online or through community mediation.
• A Mediation Council of India will be established to register mediators and oversee mediation services.
• Mediated settlement agreements can be enforced in court.
• Confidentiality of mediation communications is protected.
• The law amends several existing laws related to mediation and conciliation.

Points worth noting

• This is a new law, not a constitutional amendment.
• It creates a Mediation Council of India.
• It repeals or amends several existing laws related to mediation and conciliation (as listed in clauses 58-64).
• It does not apply to pending proceedings.
• It provides for online mediation using secure electronic signatures.