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.