Commentary on the Mediation Act, 2023

 ......................................................................................................................................
Description
Following the pandemic, mediation experienced a significant surge in India. The lockdowns and the resulting slowdown of court proceedings underscored the necessity for faster and more efficient dispute resolution methods. Consequently, there was a marked increase in inquiries and cases handled by both private and institutional mediators. We refer to the position emerging due to the aftereffects of the pandemic for the simple reason that something positive had to emerge to bring cheer to the suffering litigants. It was in this light that the process of mediation gained traction. Mediation was still at a nascent stage of development in our country, but the sufferings of people due to the pandemic, in our view, gave a fillip to the mediation process. It was our firm belief that instead of waiting for generations for any litigation to end, people would be more drawn towards mediation as a means of Alternative Dispute Resolution Mechanism (ADR, for short). The enactment of the Mediation Act, 2023, marks a significant step towards institutionalizing and promoting mediation as a viable means of dispute resolution. Our earlier observations are validated by the implementation of this Act.
The law of mediation is not fully developed in India, but it is expected that it will, over time, gain acceptance and confidence of the litigants as more and more disputes are decided through this medium. A recent memorandum issued by the Department of Expenditure, Ministry of Finance, Government of India (No. F.1/2/2024-PPD) is another step in the direction of encouraging Government and Public Sector Undertakings to settle their disputes through mediation rather than arbitration or litigation. Hopefully, a culture will be built wherein Government officers feel confident enough to settle cases outside Courts. In order to provide protection to the officers of the Government, Section 49 of the Mediation Act, 2023 expressly provides that where:
......................................................................................................................................
Table of Contents
The Mediation Act, 2023
Chapter I. Preliminary
Chapter II. Application
Chapter III. Mediation
Chapter IV. Mediation Proceedings
Chapter V. Mediators
Chapter VI. Enforcement of Mediated Settlement Agreement
Chapter VII. Online Mediation
Chapter VIII. Mediation Council of India
Chapter IX. Mediation Service Providers and Mediation Institutes
Chapter X. Community Mediation
Chapter XI. Miscellaneous
SCHEDULES
The First Schedule
The Second Schedule
The Third Schedule
The Fourth Schedule
The Fifth Schedule
The Sixth Schedule
......................................................................................................................................
Author Details
P.C. Markanda
Naresh Markanda
Rajesh Markanda