Mediation Council of India established: Centre notifies new body to promote mediation in India
THE JHARKHAND STORY DESK Advertisement New Delhi, August 28: The Central Government has notified the establishment of the Mediation Council of…
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THE JHARKHAND STORY DESK
New Delhi, August 28: The Central Government has notified the establishment of the Mediation Council of India, with its head office in Delhi, under the Mediation Act, 2023, creating a statutory framework to promote and regulate mediation in the country.
The Union Ministry of Law and Justice, Department of Legal Affairs, issued the notification on Thursday, August 27, under Section 31(1) of the Mediation Act, 2023.
The Gazette notification states:
“In exercise of the powers conferred by sub-section (1) of section 31 of the Mediation Act, 2023 (32 of 2023), the Central Government hereby establishes a Council for the said Act, to be called as the Mediation Council of India, which shall have its head office at Delhi.”
The Mediation Act, 2023 seeks to promote and facilitate mediation, particularly institutional mediation, for the resolution of disputes, whether commercial or otherwise. It also provides for enforcement of mediated settlement agreements, registration of mediators and promotion of community mediation.
Council to promote domestic and international mediation
Section 31 of the Act provides for the establishment, incorporation, composition, duties and functioning of the Mediation Council of India.
Under Section 31(2), the Council will be a body corporate with perpetual succession and a common seal. It will have the power, subject to the provisions of the Act, to acquire, hold and dispose of movable and immovable property, enter into contracts and sue or be sued in its name.
Section 31(3) provides that the Council’s head office will be in Delhi or at such other place as may subsequently be notified by the Central Government.
The Council may also, in consultation with the Central Government, establish offices at other places in India and abroad.
Mediation Council to have seven-member structure
The Council will comprise a Chairperson appointed by the Central Government, two members, two ex-officio members, a Member-Secretary who will be an ex-officio member, and a part-time member.
Members of the Council, other than ex-officio members, will hold office for four years from the date on which they enter office and will be eligible for reappointment.
The Act provides that no non-ex-officio member can continue in office after attaining the prescribed age limit. The Chairperson will have an upper age limit of 70 years, while other members cannot continue after attaining 67 years.
If the Chairperson is appointed on a part-time basis, at least one of the members appointed to the Council must be a full-time member.
Wide-ranging regulatory responsibilities
The Mediation Council has been entrusted with a broad mandate aimed at developing India’s mediation ecosystem.
Among its key functions, the Council will seek to promote domestic and international mediation in India through appropriate guidelines and work towards developing the country as a robust centre for domestic and international mediation.
It will also lay down guidelines for the continuous education, certification and assessment of mediators by recognised mediation institutes and prescribe the manner in which mediation proceedings are to be conducted.
The Council will be responsible for providing the framework for registration of mediators, including renewal, withdrawal, suspension or cancellation of registration based on specified conditions.
It will also lay down standards for the professional and ethical conduct of mediators.
Training and recognition of mediation institutions
The Council will organise training programmes, workshops and courses in mediation in collaboration with mediation service providers, law firms, universities and other stakeholders in India and abroad.
It may enter into memoranda of understanding and agreements with domestic and international bodies, organisations and institutions involved in mediation.
The Council will also recognise mediation institutes and mediation service providers and will have the authority to renew, withdraw, suspend or cancel such recognition.
It will specify the criteria for recognition of mediation institutes and service providers and may call for relevant information or records from them.
The Council will further establish standards for the professional and ethical conduct of recognised mediation institutes and service providers.
Electronic repository of settlement agreements
Another significant responsibility of the Council will be to publish information, data, research studies and other material relating to mediation.
It will also maintain an electronic depository of mediated settlement agreements made in India, along with other related records, in the manner prescribed under the Act.
The Council will additionally perform any other function assigned to it by the Central Government.
Report on implementation of Mediation Act
The Council will be required to prepare a report on the implementation of the provisions of the Mediation Act and forward a copy to the Central Government.
The Centre may also take additional measures it considers necessary to supplement the functioning of the Council and ensure effective implementation of the Act.
The establishment of the Mediation Council of India marks a key institutional step under the Mediation Act, 2023, providing a statutory body to oversee the development, regulation and promotion of mediation as a mechanism for resolving disputes in India.
