The Indian legal system is often time-consuming and expensive. Cases take years to resolve due to a shortage of judges and the high volume of new filings.
For remedial purpose of delayed justice, the Indian Government formulated the Alternative Dispute Redressal system under two acts viz. ‘The Arbitration and Conciliation Act 1996 and The Mediation Act 2023.’
In-Depth Look at the Mediation Act 2023
The Mediation Act 2023 was enacted on 14th September 2023 and shall extend to whole of India.
The Act applies when parties conduct mediation in India and either reside or run a business here.
The disputing parties initiate the mediation by agreeing on a mediator. According to the Act, the mediator assists them in an independent, neutral, and impartial manner to reach an amicable settlement of their dispute and be guided by the principles of objectivity & fairness, protect the voluntariness, confidentiality, and self- determination of the parties. The Mediator facilitate voluntary resolution of the dispute by disputants and communicate the view of each party to other.
Parties can also use mediation under this Act to resolve family disputes. Such process irons out the differences between the couple.
Impact of the Act
Both partners is able to identify the extent, each partner can compromise, to arrive upon an amicable settlement. Cases filed under any relevant Act by married couple invariably should opt for Mediation during litigation. This approach allows you to customize your settlement within legal boundaries. This method of dispute solving will be quick and less costly.
The Mediation can be opted for either during the litigation, by permission of Adjudicating Authority or Pre-litigation, Civil or commercial in nature.
The mediator must complete the process within 120 days from the scheduled first appearance before the Mediator, which can be extended for a further period as agreed by parties but not exceeding 60 days.
Parties conclude the mediation process with a mediated settlement agreement, which they can register with a competent Authority except those settlement arrived in a court or tribunal or award of Lok Adalat.
Thus, Mediation is an efficient Alternative Dispute Redressal technique that is fast becoming popular each day.
Image Disclaimer: The image above is AI-generated and used for illustrative purposes only. It does not depict any real person, place, or event.
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