Mediation Bill 2021 amends 6 laws, creates Mediation Council of India

This Bill aims to promote and facilitate mediation, including institutional and online mediation, for resolving commercial and other disputes in India. It seeks to enforce mediated settlement agreements, establish a body for registering mediators, and encourage community mediation.

The law applies to parties involved in mediation conducted in India, including individuals, businesses, and institutions habitually residing or incorporated in India, or parties to international commercial disputes. It specifically covers commercial disputes, pre-litigation mediation, and online mediation. It generally excludes disputes involving the Central or State Government unless they are commercial disputes or specifically notified by the Government.

• Establishment of the Mediation Council of India for the registration of mediators and regulation of mediation service providers.
• Mandate for pre-litigation mediation for civil and commercial disputes before filing a suit, with specific procedures for commercial disputes of Specified Value.
• Provisions for online mediation using secure electronic signatures.
• Enforcement mechanisms for mediated settlement agreements and rules regarding their challenge.
• Creation of a Mediation Fund and provisions for accounts and audit.
• Amendments to several existing laws, including the Limitation Act, 1872, Code of Civil Procedure, 1908, and the Commercial Courts Act, 2015.

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