The Mediation Act, 2023

  • 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.
    Private Mediation
  • 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