Centre Notifies Establishment Of Mediation Council Of India Having Head Office At Delhi
The Central Government on Thursday (August 27) notified the establishment of the Mediation Council of India with its head office at Delhi under the Mediation Act 2023, which aims to promote domestic and international mediation in India through appropriate guidelines.
The Mediation Act, 2023 was enacted to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for registration of mediators, to encourage community mediation among other objects. It also provides for establishment for the Council, its composition, duties and functioning.
A gazette notification issued by the Union Ministry of Law and Justice, Department of Legal Affairs 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 purposes of the said Act, to be called as the Mediation Council of India, which shall have its head office at Delhi"
For context, Section 31 of the Act states the establishment and incorporation of Mediation Council. As per Section 31(1) this provision the Central Government shall, by notification, establish for the purposes of this Act, a Council to be known as the Mediation Council of India to perform the duties and discharge the functions under this Act.
Meanwhile Section 31(2) states that the Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued.
Section 31(3) states that the Council's head office shall be at Delhi or at such other place as may be notified by the Central Government.
Further, Section 31(4) state states the Council may, in consultation with the Central Government, establish offices at other places in India and abroad.
The Council shall comprise of a Chairperson to be appointed by the Centre as well as two members, two ex-officio members, a Member-Secretary, ex officio and a part-time member.
The Members of the Council, other than ex officio members, shall hold office for a term of four years from the date on which they enter upon their office and shall be eligible for re-appointment. Provided that no Member other than ex officio Member shall hold office after he has attained the age of 70 years, in the case of Chairperson and 67 years in the case of other Members.
Provided further that if the Chairperson is appointed on Part-Time basis, then, at least one of the Members appointed shall be a Full-Time Member.
The Act also provides the duties of the Council which includes:
- endeavour to promote domestic and international mediation in India through appropriate guidelines;
- endeavour to develop India to be a robust centre for domestic and international mediation;
- lay down the guidelines for the continuous education, certification and assessment of mediators by the recognised mediation institutes;
- provide for the manner of conduct of mediation proceedings
- provide for manner of registration of mediators and renew, withdraw, suspend or cancel registration on the basis of conditions as may be specified;
- lay down standards for professional and ethical conduct of mediators
- hold trainings, workshops and courses in the area of mediation in collaboration with mediation service providers, law firms and universities and other stakeholders, both Indian and international, and any other mediation institutes;
- enter into memoranda of understanding or agreements with domestic and international bodies or organisations or institutions;
- recognise mediation institutes and mediation service providers and renew, withdraw, suspend or cancel such recognition;
- specify the criteria for recognition of mediation institutes and mediation service providers;
- call for any information or record of mediation institutes and mediation service providers;
- lay down standards for professional and ethical conduct of the mediation institutes and mediation service providers;
- publish such information, data, research studies and such other information as may be required;
- maintain an electronic depository of the mediated settlement agreements made in India and for such other records related thereto in such manner as may be specified; and
- perform any other function as may be assigned to it by the Central Government.
The Council shall also prepare a report on the implementation of the provisions of the Act and forward a copy to the Central Government. The Centre may take such additional measures as it deems necessary to supplement the functioning of the Council and for the effective implementation of the provisions of the Act.