Indian government has issued a Draft Mediation Bill for Public Consultation, that seeks to safeguard the interest of litigants to approach competent adjudicatory forums.

Key Points

• Draft Mediation Bill provides for pre-litigation mediation.
• The bill safeguards the interest of litigants to approach competent adjudicatory forums and courts for urgent relief.
• According to the bill, successful outcome of mediation has been made enforceable by law, in the form of Mediation Settlement Agreement.
• Mediation Settlement Agreement is out of consensual agreement between the parties. Thus, challenge related to it has been permitted on limited grounds.
• As per bill, mediation process safeguards the confidentiality of mediation undertaken. It also provides for immunity in certain cases against its disclosure.