Mediation Bill 2021
The demand to support mediation:
- V. Ramana, the Chief Justice of India (CJI), has recommended writing legislation to enable this and making mediation a requirement as the first step in conflict resolution.
- He emphasised the need to start a campaign to spread the word about mediation as a quicker and less expensive way to resolve disputes.
- Using the legal system to resolve a disagreement, in his opinion, should only be a last choice. Researching alternate dispute resolution methods is therefore advised.
- The Madras High Court’s Tamil Nadu Mediation and Conciliation Centre, the country’s first court-annexed organisation with a mediation facility in every district, has greatly decreased the amount of time referred cases are left pending.
Which Indian laws provide mediation provisions?
- The Code of Civil Procedure of 1908, the Arbitration and Conciliation Act of 1996, the Companies Act of 2013, the Commercial Courts Act of 2015, and the Consumer Protection Act of 2019 all serve as the legal foundation for mediation.
- But no independent laws have yet been produced.
- How the Mediation Bill 2021’s provisions would improve law and order and the rule of law
- The law attempts to promote mediation and provides mechanisms for the execution of settlement agreements reached through mediation (including online mediation).
- Before proceeding to court or a tribunal, a party in a civil or business dispute must attempt to resolve the issue through mediation.
- enhancing the law-and-order environment A few sections in the Bill could support local law and order conditions or encourage the compounding of criminal offences.
- First, Section 7 of the Bill states that the court may order mediation in cases involving matrimonial or compoundable offences that are connected to or result from civil procedures between the parties.
- Second, the Bill’s Section 44 stipulates that “any dispute likely to upset peace, harmony, or tranquilly among the residents or families of any area or site shall be resolved through community mediation.”
- Third, the Act’s requirements do not replace other laws, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 and the Maintenance and Welfare of Parents and Senior Citizen Act of 2007.
- encouraging amiability In this situation, the goal of the law is to encourage amity among the parties in an effort to restore peace. Section 320 of the Code of Criminal Procedure (CrPC) permits the compounding of some criminal offences, which has the effect of freeing the accused.
- lowering the police’s workload Criminal offences frequently happen when legal or business conflicts cannot be settled promptly and amicably.
- Sometimes, police will handle minor cases negligently or downplay the seriousness of crime by redesignating it as a non-cognizable offence.
- As a result, the proposed law of mediation may eventually lighten the strain on the police by making it easier to compound some criminal offences and avoid the breakdown of law and order through community intervention.
The following statutes are not covered by the Mediation Bill 2021:
- The law to prevent sexual harassment of women at work has probably been removed from its reach in order for an internal or local complaint committee to pursue conciliation and address the issue locally without involving a third party and following a laborious procedure.
- laws protecting the maintenance and care of parents and senior citizens Due to the fact that violations of this law result in a criminal record, it has also been excluded from its purview.
Moving ahead:
- According to a ruling by the Supreme Court of India, if an offence is discovered after an investigation, the parties may contact either the court or the police.
- More offences are becoming compoundable: Another possibility is to increase the number of offences that can be compounded, especially for property offences.
- According to the Law Commission’s recommendations in its 243rd report, Section 498A of the Indian Penal Code, which addresses cruelty committed by the husband or his family members, may also be made compoundable.
- It could have a significant effect on settling marital problems.
