Mediation Bill: Not getting the Act together

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Mediation Bill: Not getting the Act together

  • Parliamentary Standing Committee on Law and Justice has recommended substantial changes to Mediation Bill.
  • It has cautioned Centre against making pre-litigation mediation compulsory.

The Good about Mediation

  • It is relatively inexpensive, swift and simple.
  • Allows parties to revise and adjust scope of their conflict
  • Allows flexible solutions and settlements.
  • Settlements reached are more agreeable to both parties than court judgments.

The Bad About Mediation

  • Does not always result in a settlement agreement.
  • Parties might spend their time and money only to find that they must have their case settled for them by a court
  • Lacks procedural and constitutional protections guaranteed by federal and state courts.
  • Legal precedent cannot be set in mediation.
  • No formal discovery process.

The Sad About Mediation

  • Supreme Court: Held that if there is an offence is committed during investigation, parties can either approach court or the police.
  • Increasing the compoundable offences: No. of offences that can be compounded may also be increased — particularly property offences.
  • Recommendation of Law Commission(243rd report): Cruelty by husband or his relatives, can also be made compoundable.
  • It may have far-reaching consequences in resolving matrimonial disputes.