Introduction of the Mediation Council of India
The central government has officially announced the creation of the Mediation Council of India (MCI), marking a significant step under the Mediation Act, 2023. The headquarters of this newly formed council will be located in Delhi, as confirmed by a gazette notification issued on August 27.
Details of the Gazette Notification
The notification, exercising the powers granted by sub-section (1) of section 31 of the Mediation Act, 2023 (32 of 2023), confirms the establishment of the MCI. The council is specifically set up to fulfill the objectives outlined in the legislation, with its principal office situated in the nation’s capital, Delhi.
Objectives and Functions of the Mediation Act, 2023
The Mediation Act, 2023, emphasizes the necessity for individuals to attempt resolving civil or commercial conflicts through mediation prior to seeking judicial intervention. The MCI is entrusted with the responsibility of supervising this mediation process. Key functions of the council include registering mediators, recognizing mediation service providers, and accrediting mediation institutes that partake in the training and certification of mediators.
Exclusions and Regulations
Certain disputes are explicitly excluded from mediation under the Act, particularly those involving criminal prosecution or those affecting third-party rights. Nevertheless, the central government retains the authority to modify this list as deemed necessary. Furthermore, the legislation allows parties to exit the mediation process after attending two sessions.
Timeframe and Procedures
The mediation process is designed to be concluded within a 180-day period, with a provision for an extension of an additional 180 days, provided the parties involved consent. In scenarios where parties mutually agree, they are free to choose any individual as a mediator. If consensus on a mediator cannot be achieved, a mediation service provider can assist by appointing a mediator from its pool of qualified professionals.
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Legal Standing of Mediation Agreements
Outcomes achieved through successful mediation are vested with legal enforceability, equivalent to the judgments delivered by courts. This ensures that mediated agreements hold substantial weight and authority in legal terms.
