The Mediation Act, 2023: Understanding The Key Features

Introduction

The Mediation Bill, 2023 ('Mediation Bill') was passed by the Rajya Sabha on 2^nd August 2023 and by the Lok Sabha on 7^th August 2023. It received the President's assent on 15^th September 2023 to be known as the Mediation Act, 2023 ('Mediation Act'). This article briefly explains the salient features of the Mediation Act and outlines the scope, applicability, key features, procedure, and possible challenges of the Mediation Act.

Background

WHAT IS MEDIATION?

Mediation is a structured process where a neutral person uses specialized communication and negotiation techniques to assist the parties in arriving at an amicable settlement of their disputes. The concept of Mediation is an ancient and deeply rooted practice in our country. It has been practised in the form of the panchayat system for centuries, in which certain respected elders of the village acted as mediators between the conflicting parties and helped to resolve their disputes.