ANALYSIS OF THE MEDIATION BILL, 2021

Abstract

The Mediation Bill, introduced in the Rajya Sabha on December 10, 2021, aims to tackle India's judicial backlog by promoting mediation as an alternative dispute resolution method. This article critically evaluates crucial aspects of the Bill, concentrating on sections that necessitate improvement. It scrutinizes the Bill's extent, obligatory pre-litigation mediation, alignment with global mediation conventions, party autonomy, and more. The article underscores the necessity for precise definitions, suitable jurisdiction, and harmonizing the Bill with worldwide benchmarks. It emphasizes that although the Bill marks a significant stride, thoughtful revisions are indispensable for ensuring effective execution and easing the load on the judiciary.

Key Words

Mediation Bill 2021, pre-litigation Mediation, Mediation Council of India, Mediation Settlement Agreement, mandatory Mediation, Mediation and conciliation, Singapore Convention on Mediation.