The International Court of ARBITRATION
The origins of the Mediation Bill, 2023, can be traced back to its introduction in the Upper House in August 2021. Following an intricate examination by the Standing Committee on Law and Personnel, the bill progressed through its legislative journey, culminating in its recent approval by the Lok Sabha in December 2023.
One of the transformative features of the Mediation Bill is its shift toward making pre-litigation mediation voluntary, overturning the previous mandatory requirement. Additionally, the legislation introduces a groundbreaking institution – the Mediation Council of India. Functioning as a neutral third party, the council is poised to play a pivotal role in reshaping the mediation landscape.
The parliamentary debate on the Mediation Bill 2023 saw the active participation of four speakers. Each speaker contributed valuable insights, delving into the implications and potential impact of this legislative move in the context of the legal landscape in December 2023.
In response to the deliberations, Minister for Law and Justice Arjun Ram Meghwal highlighted the historical context of mediation, stating, "Mediation is not a new concept for us. It is in our blood. In Mahabharat, Sri Krishna had also delivered a peace message. He was a mediator."
Mr. Meghwal emphasized the urgency for reform by citing staggering figures: "There are 4.43 lakh cases pending in district subordinate courts, 60.63 lakh cases in high courts, and around 70,000 cases in the Supreme Court."
The minister further elucidated the pressing need for expeditious resolutions, noting that "52,968 cases have been resolved through mediation between August 2023 to December 2023." This statistic underscores the potential impact of the Mediation Bill on reducing the backlog of cases across different tiers of the judiciary.
A salient feature of the Mediation Bill 2023 is the imposition of a strict time frame for completing mediation proceedings. The legislation mandates that mediation processes must conclude within 180 days, emphasizing the commitment to timely and efficient dispute resolution.
As news of the Lok Sabha's approval of the Mediation Bill reverberates, it has sparked conversations among legal experts, scholars, and the general public. Opinions on the implications of this legislation vary, with some praising the emphasis on voluntary mediation and the establishment of the Mediation Council of India.
With the Mediation Bill 2023 securing parliamentary approval in December 2023, all eyes are on its implementation and the subsequent changes it may bring to the legal landscape. The shift towards voluntary mediation and the introduction of a centralized mediation authority signal a paradigm shift in the approach to dispute resolution in the country.
The Mediation Bill's journey through the legislative process reflects a concerted effort to address the challenges in the current legal framework. As the nation embraces this transformative legislation, its impact on the judicial system's efficiency and the resolution of pending cases remains a focal point of discussion and anticipation in the closing days of 2023.
