Mediation Act, 2023 : Some Basics
Mediation Act, 2023 has been published in gazette on 15 Sep 2023.
Mediation Act, 2023 is to "promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost effective process and for matters connected therewith or incidental thereto."
What is court annexed mediation ?
"Court-annexed mediation" means mediation including pre-litigation mediation conducted at the mediation centres established by any court or tribunal.
What is institutional mediation ?
"Institutional mediation" means mediation conducted under the aegis of a mediation service provider.
What is mediation ?
"Mediation" includes a process, whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator, who does not have the authority to impose a settlement upon the parties to the dispute.
What is pre litigation mediation ?
"Pre-litigation mediation" means a process of undertaking mediation, as provided under section 5, for settlement of disputes prior to the filing of a suit or proceeding of civil or commercial nature in respect thereof, before a court or notified tribunal under sub-section (2) of section 5.
What is mediation agreement ?
A mediation agreement shall be in writing, by or between parties and anyone claiming through them, to submit to mediation all or certain disputes which have arisen or which may arise between the parties. [Sec. 4(1) of 2023 Act may be referred].
What kind of disputes cannot be resolved under Mediation Act, 2023 ?
A mediation under Mediation Act, 2023 shall not be conducted for resolution of any dispute or matter contained in the indicative list under the First Schedule. [Sec. 6(1) of 2023 Act may be referred].
Is there any place where mediation takes place ?
Every mediation under Mediation Act, 2023 shall be undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction to decide the subject matter of dispute. [Sec. 13 of 2023 Act may be referred].
Does Mediation Act, 2023 affects proceedings by Lok Adalat ?
The provisions of Mediation Act, 2023 shall not apply to the proceedings conducted by Lok Adalat and Permanent Lok Adalat under the Legal Services Authorities Act, 1987. [Sec. 26 of 2023 Act may be referred].
Written by
Vishal
Delhi
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