To promote and facilitate Mediation for the resolution of disputes – commercial or otherwise
To enforce mediated settlement agreements
To provide for a body for registration of Mediators
Provision for ‘Mediation Council of India’, ‘Mediation Service Providers’, ‘Mediation Institute’
To amend other acts suitably
To specify ‘disputes or matters not fit for Mediation’
'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.
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.
To have requisite qualification, experience and accreditation. Appointment of Mediators (by Parties)
Within 180 days from the date fixed for thefirst appearance before the Mediator.
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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