Discrepancies in the Mediation bill

S. no Mediation Bill, 2021 Mediation Bill, 2023

1. Section 6 of the act provides Section 5 of the act provides mediation as

Pre-Litigation Mediation is mandatory voluntary and totally depends on the
before the party can file any suit or consent of both parties.
proceeding in court, even if there is no
mediation agreement between the parties

2. Section 21 of the act provides concluding
the Mediation proceeding within 180 days
which may be further extended to 180
days more with the consent of the parties,
but not more than that
Section 18 of the act provides a Total time
to conclude the meditation proceeding is
120 days which may be further extended
to 60 days with the consent of the parties
but not more than that.

3. Section 20 of the act provided that Parties There is no such provision by which any
can withdraw from the mediation at any party can withdraw from mediation
time after the first two mediation sessions. between the proceedings.

4. Community mediator was not defined Community mediator is defined under

anywhere in the bill section 3(b) of the bill as:
(b) "community mediator" means a
mediator for the purposes of the conduct
of community mediation under Chapter X

5. Parties can take interim relief from the
court under section 8 of the bill before the
commencement of, or during the
continuation of, mediation proceedings
There is no provision for interim relief in
the new act but a court may pass interim
order under section 7(2) that too only if
the mediation is referred by a court or
tribunal.

6. The commencement of mediation under The commencement of mediation under

section 16 starts from the day on which section 14 starts from the date on which a
the party issues notice to the other party or
party or parties receives notice from the
parties for mediation and settlement of party initiating the mediation, to refer
their disputes. such dispute to mediation
in other cases—
In other cases: (i) On the date the mediator provides his
(i) On the day the parties have agreed to consent to an appointment; or
appoint a mediator of their choice for (ii) where one of the parties applies to a
mediation service provider for settlement
 mediation and settlement of disputes of disputes through mediation, the date of
between them; or appointment of a mediator.
(ii) on the day when one of the parties Hence in both cases, the commencement
applies for a mediation service provider of mediation will be from the date an
for the settlement of disputes through arbitrator is appointed
mediation by appointment of a mediator.
Hence, in both cases, the commencement
of a mediation will be either from the date
parties have agreed to a mediator or when
one party has applied for the appointment
of a mediator from a service provider.

7. Under section 19 a mediator may act as an
arbitrator or as a representative or counsel
of a party in any arbitral or judicial
proceeding in respect of a dispute that is
the subject matter of the mediation
proceedings if agreed by the parties.
Now in section 17 of the act, there is no
scope left for the mediator to act as an
arbitrator or as a representative or counsel
of a party in any arbitral or judicial
proceeding in respect of a dispute that is
the subject matter of the mediation
proceedings even if the parties agrees to
it.

8. Under section 26(1) Court annexed There is no such provision for

pre-litigation mediation, the procedure of court-annexed mediation. Mediation is to
conducting mediation shall be such as may be conducted according to this act only
be determined under the practice
directions or rules, by whatever name
called, framed by the Supreme Court or
the High Courts.

9. The first Schedule clause of the act
provides for disputes that are not fit for
mediation earlier if the interest of a third
party is being affected then the dispute
shall not be deemed fit for mediation.
Now there is one exception made which is
if the interest of the child is involved in a
matrimonial dispute then it will be
deemed fit and the dispute can be
mediated ignoring that child is a third
party.