Mediation Bill, 2023
1. Promotion of Mediation for Dispute Resolution:
- The Mediation Bill, 2023, promotes the use of mediation as a preferred method for resolving disputes. Mediation is a voluntary and consensual process in which a neutral third party, known as a mediator, facilitates communication and negotiation between parties to help them reach a mutually satisfactory resolution.
- The bill encourages parties involved in disputes to consider mediation as an alternative to traditional litigation. This can lead to faster, cost-effective, and less adversarial outcomes.
2. Establishment of a Body for Mediator Registration:
- The bill creates a regulatory authority or body responsible for the registration and certification of mediators. This body ensures that mediators meet specific qualifications, adhere to ethical standards, and undergo appropriate training.
- Establishing a formal regulatory framework for mediators enhances the quality and professionalism of mediation services.
3. Encouragement of Online Mediation:
- Recognizing the importance of technological advancements, the bill encourages the use of online mediation platforms. Online mediation allows parties to engage in mediation sessions remotely, providing flexibility and convenience.
- The bill may specify guidelines for conducting online mediations, including data security and privacy protections to ensure the confidentiality of discussions.
4. Standardization of Mediation Processes:
- The bill may outline standardized procedures for conducting mediation sessions. This includes principles of confidentiality, neutrality, and impartiality for mediators.
- Standardizing mediation processes ensures consistency and fairness in the way disputes are handled through mediation.
5. Legal Recognition of Mediation Agreements:
- To promote trust and enforceability, the bill may specify that agreements reached through mediation are legally binding and enforceable in courts of law, subject to certain conditions.
- This provides parties with the assurance that mediated settlements will be honored and reduces the need for further litigation.