Does draft mediation bill deliver?

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Does draft mediation bill deliver?
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In 2019, India was one of the first signatories to the UN Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention. Further to its obligations under the convention and its efforts to promote mediation as an effective means of dispute resolution, the Ministry of Law and Justice released the draft Mediation Bill, 2021, for public comment and consultation.

The bill is mostly welcome – a standalone act is needed to give status to the concept of mediation – but, as always, the devil lies in the details. The question is whether lawmakers have found the balance between party autonomy and statutory surveillance. The following are some of the bill’s positive features and red flags.

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The dispute digest is compiled by Numen Law Offices, a multidisciplinary law firm based in New Delhi & Mumbai. The authors can be contacted at support@numenlaw.com. Readers should not act on the basis of this information without seeking professional legal advice.

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