Mediation Bill, 2021

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Rajya Sabha has passed the Mediation Bill, 2021.

Key Highlights:

• Mediation is a type of ADR (alternative dispute resolution), where a dispute is referred to a neutral person, who engages with the warring parties and tries to find a solution agreeable to both.
• Courts have regularly been ordering mediation to settle civil, commercial, and family disputes among others.
• Persons can try to settle civil or commercial disputes through mediation before approaching any court or tribunal. However, the pre-litigation mediation is voluntary and not mandatory.
• A party may withdraw from mediation after two mediation sessions.
• Mediation process must be completed within 180 days, which may be extended by another 180 days by the parties.
• Mediation Council of India will be set up. Its functions include registering mediators, and recognising mediation service providers and mediation institutes (which train and certify mediators).