The Indian government has released a draft mediation bill for public comment, which aims to protect petitioners’ rights to approach competent adjudicatory forums.
Highlights:
Pre-litigation mediation is included in the Draft Mediation Bill.
The bill protects litigants’ rights to seek urgent remedy from competent adjudicatory forums and courts.
The bill states that the successful outcome of mediation is now legally enforceable in the form of a Mediation Settlement Agreement.
The Mediation Settlement Agreement is the result of the parties’ mutual agreement. As a result, it has been allowed to be challenged on limited grounds.
According to the bill, the mediation process protects the confidentiality of the mediation.
It also grants immunity from disclosure in certain circumstances.