Centre forms committee to draft rules, standards for mediation in India

Under the chairmanship of former Law Secretary PK Malhotra, the Law and Justice Ministry has formed a working committee to create rules and standards for mediation in India. The Department of Legal Affairs of the Law Ministry issued an office memorandum in this regard, stating that the committee would provide draughts of the rules and regulations as envisaged under the Mediation Bill/Act, as well as suggestions regarding the setting of various standards, including certifications, accreditation, grading, criteria, and so on, for various stakeholders under the Mediation Bill.

The memorandum also stated that the committee would propose a comprehensive way forward for the online conduct of mediation in accordance with subordinate legislation and related matters such as secure platform, etc., as well as provide a roadmap for the implementation of the Mediation Bill/provisions. Act’s

The committee would also devise a strategy for actively disseminating the benefits of the Mediation Bill/provisions Act’s and would publicise them widely among stakeholders and citizens.

The newly formed Committee will be chaired by former Law Secretary (Chairperson) P. K. Malhotra, IG Research, BPRD (Member), Tejinder Singh Luthra IPS, Representative nominated by Mediation & Conciliation Project Committee, (MCPC) Supreme Court (member), Sriram Panchu, Senior Advocate and Mediator (Member), J.P. Sengh, Senior Advocate, Delhi High Court and Mediator (Member), Dr Rajiv Mani, Additional Secretary, Department of Legal Affairs (Member), Member Secretary, NALSA (Member), Laila Ollapally (CAMP) Founder, CAMP Centre for Arbitration & Mediation Practice (Member), Gayathri B Kalia – Executive Director, CAMP member and Convener, Representative nominated by the Department of Panchayati Raj – Member, Representative from the International Mediation Institute, Hague- Member, Haimanti Bhattacharya, Director, Department of Legal Affairs – (Member), Avnit Singh Arora, Director, Department of Legal Affairs – Member and Co-convenor.

The committee is also directed to refer to the mentioned subject and state that the Mediation Bill, 2021, promotes institutional mediation, provides for the enforcement of a mediated settlement agreement, promotes training through Mediation Institutes, and emphasises ODR [Online Dispute Resolution] and community mediation through its objectives. According to a Centre message to Committee members, the Bill also provides for the formation of the Mediation Council of India.

On December 20, 2022, the Rajya Sabha received the Mediation Bill, 2021. The Bill was then forwarded to the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice (DRPSC). On July 13, 2022, the Committee presented its 117th report on the Mediation Bill, 2021 to the Chairman of Rajya Sabha, which is currently being considered.