The New Mediation Bill, 2023 - Updates And Highlights

BACKGROUND: Mediation and Conciliation, as a form of dispute resolution, finds a mention in several legislations, such as the Arbitration and Conciliation Act, 1996; the Code of Civil Procedure, 1908; the Companies Act, 2013; and the Commercial Courts Act, 2015, among others. However, a need was felt to bring about a comprehensive law governing the various aspects of mediation. With that in mind, the Mediation Bill, 2021 ("2021 Bill") was introduced in the Rajya Sabha on December 20, 2021, to promote mediation as a preferred mode of Alternate Dispute Resolution, inter alia by institutional mediation.

The 2021 Bill was referred to the Parliamentary Standing Committee on the Mediation Bill ("Committee") on December 20, 2021. After meeting with several stakeholders, the Committee gave its report on July 13, 2022. Following consideration of the Committee's recommendations/observations, the Cabinet approved amendments to the 2021 Bill. Subsequently, the Rajya Sabha