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ARTICLE · 18 SEPTEMBER 2023

Mediation Bill 2023 – Smooth Take-Off But Turbulence Ahead?

The Indian Parliament, in August 2023, passed the Mediation Bill 2023 (Mediation Bill) to promote and facilitate mediation (especially institutional mediation) for amicable resolution of disputes.

IndiaLitigation, Mediation & Arbitration

Introduction

The Indian Parliament, in August 2023, passed the Mediation Bill 2023 (Mediation Bill) to promote and facilitate mediation (especially institutional mediation) for amicable resolution of disputes. The bill is pending assent of the President of India. Mediation, as an alternate dispute resolution process, is not novel to the Indian legal system. At present, mediation in India can be (a) contractually provided for by a mediation clause in the contract; (b) referred by court under the Code of Civil Procedure, 1908; and (c) statutorily provided for in certain statutes such as Code of Civil Procedure, 19081, Commercial Courts Act, 2015 and Arbitration and Conciliation Act, 1996. But unlike countries like Australia, Singapore and Italy, India lacks a standalone law on mediation - the Mediation Bill intends addressing this gap. Below is our analysis of key aspects of the Mediation Bill and the challenges that we foresee in its implementation.

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The above is a generic analysis and should not be regarded as a substitute for specific advice based on the facts of a client’s objectives and specific commercial agreements reached. Please do reach out to us at [email protected] for any queries.

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