Fate of Mediation Act remains unknown

The Supreme Court of India proposed a separate standalone legislation on mediation in India more than five years ago, citing the mounting caseload on Indian courts and the nature of many civil disputes that can be settled amicably without the intervention of the courts, but the fate of the Mediation Act 2023 remains unknown.

- DR. P. MADHAVA RAO

The speed with which the mediation act was passed by both houses of parliament does not clearly reveal any intention of the government to fully implement the act, despite our Union Law Minister taking every opportunity to speak about the Mahabharata, Sri Krishna, and his failed mediation attempts, as well as how India has a culture of mediation in its social value ecosystem.

In January 2020, the Supreme Court appointed a senior mediator, Mr Niranjan Bhat, to lead a commission that would write mediation legislation. It was then given to the government as a suggestion by the Supreme Court. On 5 November 2021, the government made the draft Mediation Bill available for public feedback on their website. Following that, on 20 December 2021, the Government introduced the Mediation Bill, 2021, in the Rajya Sabha and referred it to the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice for study and report on 22 December 2021.