'Mediation Bill 2021' referred to Parliamentary Standing Committee's public grievances dept for examination, report
Jan 28, 2022
New Delhi [India], January 28 : The 'Mediation Bill, 2021' has been referred to the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice for examination and report, said the Rajya Sabha Secretariat on Friday.
As per an official statement, the Bill inter-alia proposes to encourage and promote institutional mediation for resolution of disputes.
"To have a wider consultation on the Bill, the Committee has decided to invite Memoranda containing views/suggestions from concerned Stakeholders interested in the subject matter," the statement read.
A copy of the Bill, along with other details are available on the website of the Rajya Sabha under the link 'Bills with the Committee'.
Those desirous of submitting the Memoranda to the Committee, have been asked to send it electronically to Goutam Kumar, Deputy Secretary, Rajya Sabha Secretariat at rs-memocpers@sansad.nic.in, within fifteen days starting January 28.
Those who wish to appear before the Committee for tendering oral evidence, besides submitting memoranda, have been asked to specifically indicate so. However, the Committee's decision in this regard shall be final, it stated.
During the winter session of Parliament in December last year, the Bill was introduced in Rajya Sabha and the government subsequently moved it for further consideration into the Parliamentary Standing Committee on Law and Justice on demand of the Opposition parties.
On November 5 this year, the Ministry of Law and Justice released a draft of the Mediation Bill, 2021 for public comments and consultation.
Following close on the heels of India signing the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention), the Bill looks to cement the position of mediation as a sought-after mode of alternative dispute resolution in India.
Its many objectives include the promotion, encouragement, and facilitation of mediation, especially institutional mediation, enforcement of domestic and international mediation settlement agreements, and notably, making online mediation an acceptable and cost-effective process.
The Bill is divided into four parts with Part- I dealing with domestic mediations and Part- III dealing with mediations under the Singapore Convention.
As per Section 2 of the Bill, a domestic mediation has been defined as one conducted in India, where all or both parties habitually reside in or are incorporated in or have their business in India.
The mediation agreement provides that the Mediation Act, 2021 would apply to the mediation; or the mediation is international mediation.
A salient feature of the Bill is the adoption of the international practice of using the terms 'mediation' and 'conciliation' interchangeably, as evident from the meaning of mediation set out under Section 4.
The Bill defines a 'mediation service provider' as a body or organization that provides for the conduct of mediation and has in place procedures and rules to govern the conduct of the mediation in conformity with the provisions of the statute. Lok Adalats constituted under the National Legal Services Authorities Act, 1987, and mediation centres annexed to courts have also been included under this head.
The Bill recognizes online mediation conducted through the use of applications and computer networks, resorted to either wholly or in part, at a certain stage of the mediation process. It further states that the conduct of all such mediations shall be governed by the provisions of the Information Technology Act, 2000.
