THE MEDIATION ACT, (SEPT.) 2023

Key Features

01

To promote and facilitate Mediation for the resolution of disputes – commercial or otherwise

02

To enforce mediated settlement agreements

03

To provide for a body for registration of Mediators

04

Provision for ‘Mediation Council of India’, ‘Mediation Service Providers’, ‘Mediation Institute’

05

To amend other acts suitably

06

To specify ‘disputes or matters not fit for Mediation’

Key Sections

Section 3(h)

'Mediation' includes a process, whether referred to by the expression Mediation, Pre-litigation Mediation, Online Mediation, Community Mediation, Conciliation or an expression of similar import, whereby Parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as Mediator, who does not have the authority to impose a Settlement upon the Parties to the dispute.

Section 4 - Mediation Agreement

A Mediation Agreement shall be in writing, by or between Parties and anyone claiming through them, to submit to Mediation all or certain disputes that have arisen, or may arise, between the Parties.

A Mediation Agreement may be in the form of a Mediation Clause in a contract, or in the form of a separate Agreement. The Parties may agree to submit to Mediation any dispute arising between them under an agreement, whether entered prior to arising of the dispute or subsequent thereto.

Section 8 to 12 - Mediators

To have requisite qualification, experience and accreditation. Appointment of Mediators (by Parties)

Section 15, 16 - Conduct and Role of Mediator

Section 18 - Time limit for completion

Within 180 days from the date fixed for thefirst appearance before the Mediator.

Section 19 - Mediated Settlement Agreement

Section 22 - Confidentiality

Section 27 - Enforcement of mediated Settlement Agreement

A signed (by parties) and authenticated (by Mediator) mediated Settlement Agreement shall be final and binding on the Parties and persons claiming under them resp. and enforceable as follows:

Subject to its challenge in a court or tribunal by any Party, the SettlementAgreement shall be enforced in accordance with the provisions of CPC 1908, in the same manner as if it were a judgment or decree passed by a court, and may accordingly be relied on by any Party by way of defence, set off or otherwise in any legal proceeding.

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