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- The Parliament has passed the Mediation Bill 2023.
- Mediation is a voluntary process in which parties try to settle disputes with the
assistance of an independent third person (the mediator).
- A mediator does not impose a solution on the parties but creates a conducive
environment in which they can resolve their dispute.
- The mediation process depends on the choice of parties, and there are no strict or
binding rules of procedure.
Types of Mediation
Court Referred Mediation
- Salem Advocate Bar Association, Tamil Nadu v. Union of India: In the case, Supreme
Court held in reference to the matter of mediation that conciliation and arbitration are
mandatory for court matters.
- This judgment has granted legal and social recognition to mediation as a dispute
resolution in India.
- In private mediation, a qualified mediator is appointed by the parties on a fixed-fee
basis. Both the parties come together to resolve the issue amicably.
- The decision of the mediator is not ultimate and hence not binding on the parties