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    Mediation Act, 2023

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    mariyahalm
    The Mediation Act, 2023 aims to promote and facilitate mediation for resolution of commercial and other disputes. It provides for a body for registration of mediators and enforces mediated settlement agreements. The Act is applicable to disputes where parties reside or have businesses in India or agree to mediation under the Act. It mandates pre-litigation mediation before filing civil suits, excluding some commercial disputes. The Act provides a list of disputes not suitable for mediation and sets timelines for completion of mediation within 120 days extendable to 180 days. Mediated settlements can be challenged on grounds of fraud, corruption or impersonation or unfit disputes.

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    Mediation Act, 2023

    Uploaded by

    mariyahalm
    78 views7 pages
    The Mediation Act, 2023 aims to promote and facilitate mediation for resolution of commercial and other disputes. It provides for a body for registration of mediators and enforces mediated settlement agreements. The Act is applicable to disputes where parties reside or have businesses in India or agree to mediation under the Act. It mandates pre-litigation mediation before filing civil suits, excluding some commercial disputes. The Act provides a list of disputes not suitable for mediation and sets timelines for completion of mediation within 120 days extendable to 180 days. Mediated settlements can be challenged on grounds of fraud, corruption or impersonation or unfit disputes.

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    The Mediation Act, 2023 aims to promote and facilitate mediation for resolution of commercial and other disputes. It provides for a body for registration of mediators and enforces mediated settlement agreements. The Act is applicable to disputes where parties reside or have businesses in India or agree to mediation under the Act. It mandates pre-litigation mediation before filing civil suits, excluding some commercial disputes. The Act provides a list of disputes not suitable for mediation and sets timelines for completion of mediation within 120 days extendable to 180 days. Mediated settlements can be challenged on grounds of fraud, corruption or impersonation or unfit disputes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    78 views7 pages

    Mediation Act, 2023

    Uploaded by

    mariyahalm
    The Mediation Act, 2023 aims to promote and facilitate mediation for resolution of commercial and other disputes. It provides for a body for registration of mediators and enforces mediated settlement agreements. The Act is applicable to disputes where parties reside or have businesses in India or agree to mediation under the Act. It mandates pre-litigation mediation before filing civil suits, excluding some commercial disputes. The Act provides a list of disputes not suitable for mediation and sets timelines for completion of mediation within 120 days extendable to 180 days. Mediated settlements can be challenged on grounds of fraud, corruption or impersonation or unfit disputes.

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    of 7

    01

    MEDIATION
    ACT, 2023 –
    AN INSIGHT

    WWW.MANUPATRA.COM
    02

    1. What is the objective and


    Scope of Mediation Act?
    The objective and scope of Mediation Act, 2023 is:

    to promote and facilitate mediation, especially


    institutional mediation, for resolution of commercial
    and other disputes,
    to enforce mediated settlement agreements,
    to encourage community mediation and to make
    online mediation as acceptable and cost effective
    process.

    It also provides for a body for registration of mediators


    03

    2. What is the applicability


    of Mediation Act, 2023?
    The Act is applicable where:

    all or both parties habitually reside in or are


    incorporated in or have their place of business
    in India; or

    the mediation agreement provides that any


    dispute shall be resolved in accordance with
    the provisions of this Act; or

    there is an international mediation.

    the matter pertains to a commercial dispute


    and one of the parties to the dispute is the
    Central/State Government, or agencies,
    public bodies, corporations and local bodies,
    including entities controlled or owned by such
    Government
    3. Does the Mediation Act, 2023 04

    provide information about disputes


    that are not suitable for mediation?
    Yes, First Schedule of the Act provides a list of disputes that are
    not suitable for mediation which includes:

    1. Disputes involving allegations of serious and specific fraud,


    fabrication of documents, forgery, impersonation, coercion.
    2. Disputes relating to claims against minors, deities, persons
    with intellectual disabilities or mental illness
    3. Suits for declaration of title against Government.
    4. Disputes involving prosecution for criminal offences.
    5. Settlement prohibited being in conflict with public policy.
    6. Complaints or proceedings initiated against any practitioner,
    or registered professional.
    7. Subject-matter dealt by NGT.
    8. Any dispute relating to levy, collection, penalties or offences,
    in relation to any direct or indirect tax.
    05

    4. Is Pre-Litigation Mediation mandatory


    under the Mediation Act, 2023?

    Yes, the 2023 Act mandates Pre-litigation Mediation


    irrespective of the existence of mediation agreement
    before filing any suit or proceedings of civil or commercial
    nature in any court. This excludes commercial disputes of
    specified value which shall be undertaken in accordance
    with the provisions of Section 12A of the Commercial
    Courts Act, 2015.
    06

    5. What is the timeline


    within which mediation
    process needs to be
    completed?

    The mediation proceedings under this


    Act shall be completed within a period
    of one hundred and twenty days from
    the date of mediator’s first appearance.
    Provided, the period may be extended
    but not beyond sixty days.
    07

    6. What are the grounds on which


    mediated settlement agreement
    can be challenged?
    A mediated settlement agreement may be challenged
    on all or any of the grounds, namely:
    fraud
    corruption
    impersonation
    where the mediation was conducted in disputes or
    matters not fit for mediation under Section 6.

    Disclaimer: This document is for reference and research purposes only. Manupatra Information Solutions
    Private Limited makes no warranties, express or implied, or representations as to the completeness or
    accuracy of content or references provided.

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