Draft Mediation Bill

Draft Mediation Bill seeks to prompt mediation and it also helps in the settlement of issues. The issues are settled by this medication that is created from the process of mediation. This was introduced in the Rajya Sabha in 2021 in the month of December. In this study, a discussion will be going on the concept of the Draft Mediation Bill, important aspects of this bill, different features of this process, analysis of the bill, and also its importance. 

What is the Draft Mediation Bill?

This is the kind of bill that is introduced in December 2021 and seeks to promote mediation. It also includes online mediation and is provided for the enforcement of settlement of agreements that come from the mediation. It’s the bill that occurs between the parties and the council and it does not include any third party. This process is considered to be very flexible and it can be effectively used at any time in the course of the dispute. It is also called a collaborative law as both the parties are presented by an attorney that is collaborative in nature. At the time of presentation of evidence, an award has been rendered. The presence of a neutral third party can be seen who helps to communicate with the parties for exchanging the information and for settlement options.  

Important Aspects of Draft Mediation Bill

Draft Mediation Bill is created for public help and to solve the issues of the parties. In this factor, the suggestions of the stakeholders were taken , and the bill was placed in 2021. This bill is aimed to promote and facilitate mediation in India. It also helps in the encouragement of community mediation, solving disputes, and making online mediation.  

Main Features of the Bill

There were different features of the mediation bill like the time limit for the compilation of the bill is 90 days. The time limit is set in section 20 of the Draft Bill. I’ll also mention the recognition of institutional mediation. It also defines the establishment of the mediation council of India. Community mediation is another factor of this bill and there are also many areas that need further clarification. The article provides a brief analysis of the draft bill.  

Analysis of the Draft Mediation Bill 2021

In November 2021, the ministry of justice and law issued a bill namely the Draft Mediation Bill. It was made for the sake of the public and the suggestions of the stakeholders are taken here. The aim of this bill is to promote and facilitate meditation in India. It mainly focuses on institutional mediation for the resolution of disputes. It gives encouragement to community mediation and also online mediation.  

Importance of Mediation

Mediation means a problem-solving approach and it is used in any conflict for anyone. It also gets to the root of the issue for finding true resolve for all the parties. In this factor, it can be seen that mediation helps to improve communication. This process also provides a confidential and neutral setting where the parties can discuss their views on the disputes. Mediation also encourages the parties to participate in the dispute actively as well as directly. In this part, they explained the facts of their disputes and also provided options for resolving them. A final decision is made regarding the dispute between the parties.  

Recognition of Mediation Settlement Agreements

• Section 21 of this bill presents mediated settlement agreement

• This bill incorporated provisions for recognising international mediation

• The bill provides some challenges for the benefit of the parties

• The challenges are described under the section 52

Recognition of the mediation settlement agreements is described under section 21 and it gives focuses on the interim agreement in writing. The agreement is written between the parties for settling the disputes among them.  

Conclusion 

Draft Mediation Bill is the concept that came forth in December 2021 and it is a process where a settlement of issues related to the mediation is solved. In this study, the important aspect of this process is noticed as it works as mediation and is a very flexible process. The law regarding this matter is also called the collaborative law. The importance of this study lies in the fact that it discusses the matter of important aspects of this bill.