The Central government has appointed a working group headed by former Law Secretary PK Malhotra to suggest a way forward and frame rules for the proposed Mediation Bill, 2021..An Office Memorandum (OM) to this effect was issued by the Union Law Ministry's Department of Legal Affairs on January 30, 2023..The OM reveals that the Bill promotes institutional mediation (private and court annexed), provides for establishment of a Mediation Council of India, provides for enforcement of a mediated settlement agreement, promotes training through mediation institutes and emphasizes on Online Dispute Resolution (ODR) and community mediation..Further, it stated that after being introduced in the Rajya Sabha on December 20, 2021, the Bill was referred to the Parliamentary Standing Committee (DRPSC) on Personnel, Public Grievances, Law and Justice, which presented its 117th Report on the Bill to the Rajya Sabha Chairman on July 13, 2022 for consideration..In this background, in order to pave the road ahead for the mediation ecosystem, and among other things, advice on the draft rules and standards for mediation in India, the Department has decided to constitute a working group consisting of the following persons:1. PK Malhotra, former Law Secretary - Chairperson2. Tejinder Singh Luthra IPS, IG Research, BPRD - Member3. Representative nominated by Mediation & Conciliation Project Committee (MCPC), Supreme Court - Member 4. Sriram Panchu, Senior Advocate and Mediator - Member5. JP Sengh, Senior Advocate, Delhi High Court and Mediator - Member 6. Dr Rajiv Mani, Additional Secretary, Department of Legal Affairs -Member 7. Member Secretary, NALSA - Member 8. Laila Ollapally, Founder, Centre for Arbitration & Mediation Practice (CAMP) - Member9. Gayathri B Kalia- Executive Director, CAMP - Member and Convener10. Representative nominated by the Department of Panchayati Raj - Member11. Representative from the International Mediation Institute, Hague -Member12. Haimanti Bhattacharya, Director, Department of Legal Affairs -Member13. Avnit Singh Arora, Director, Department of Legal Affairs - Member and co-convenor.The Department will also provide four young professionals to the group to assist it in preparing and submitting its report..As per the OM, the terms of reference of the working group shall be as follows:.To provide drafts of the rules and regulations as envisaged under the Mediation Bill/ActTo provide suggestions regarding setting of various standards including, certifications, accreditation, grading, criteria etc, for various stakeholders under the Mediation Bill To suggest a comprehensive way forward for online conduct of mediation as per wubordinate legislation and related matters such as secure platform etc.To provide the roadmap regarding the implementation of the provisions of the Mediation Bill/Act To provide for method/mechanism for the active dissemination of the benefits of the provisions of the Mediation Bill/Act and give wide publicity to the said provisions amongst the stakeholders and the citizens Any other aspect as deemed appropriate by the Chairperson..The working group's meetings will be held online, decisions will be taken by majority and the quorum for the meetings will be 5 members, including the Chairperson. It is required to submit its report within one month of its constitution.
The Central government has appointed a working group headed by former Law Secretary PK Malhotra to suggest a way forward and frame rules for the proposed Mediation Bill, 2021..An Office Memorandum (OM) to this effect was issued by the Union Law Ministry's Department of Legal Affairs on January 30, 2023..The OM reveals that the Bill promotes institutional mediation (private and court annexed), provides for establishment of a Mediation Council of India, provides for enforcement of a mediated settlement agreement, promotes training through mediation institutes and emphasizes on Online Dispute Resolution (ODR) and community mediation..Further, it stated that after being introduced in the Rajya Sabha on December 20, 2021, the Bill was referred to the Parliamentary Standing Committee (DRPSC) on Personnel, Public Grievances, Law and Justice, which presented its 117th Report on the Bill to the Rajya Sabha Chairman on July 13, 2022 for consideration..In this background, in order to pave the road ahead for the mediation ecosystem, and among other things, advice on the draft rules and standards for mediation in India, the Department has decided to constitute a working group consisting of the following persons:1. PK Malhotra, former Law Secretary - Chairperson2. Tejinder Singh Luthra IPS, IG Research, BPRD - Member3. Representative nominated by Mediation & Conciliation Project Committee (MCPC), Supreme Court - Member 4. Sriram Panchu, Senior Advocate and Mediator - Member5. JP Sengh, Senior Advocate, Delhi High Court and Mediator - Member 6. Dr Rajiv Mani, Additional Secretary, Department of Legal Affairs -Member 7. Member Secretary, NALSA - Member 8. Laila Ollapally, Founder, Centre for Arbitration & Mediation Practice (CAMP) - Member9. Gayathri B Kalia- Executive Director, CAMP - Member and Convener10. Representative nominated by the Department of Panchayati Raj - Member11. Representative from the International Mediation Institute, Hague -Member12. Haimanti Bhattacharya, Director, Department of Legal Affairs -Member13. Avnit Singh Arora, Director, Department of Legal Affairs - Member and co-convenor.The Department will also provide four young professionals to the group to assist it in preparing and submitting its report..As per the OM, the terms of reference of the working group shall be as follows:.To provide drafts of the rules and regulations as envisaged under the Mediation Bill/ActTo provide suggestions regarding setting of various standards including, certifications, accreditation, grading, criteria etc, for various stakeholders under the Mediation Bill To suggest a comprehensive way forward for online conduct of mediation as per wubordinate legislation and related matters such as secure platform etc.To provide the roadmap regarding the implementation of the provisions of the Mediation Bill/Act To provide for method/mechanism for the active dissemination of the benefits of the provisions of the Mediation Bill/Act and give wide publicity to the said provisions amongst the stakeholders and the citizens Any other aspect as deemed appropriate by the Chairperson..The working group's meetings will be held online, decisions will be taken by majority and the quorum for the meetings will be 5 members, including the Chairperson. It is required to submit its report within one month of its constitution.