The Government has finally got the nod of experts to introduce a law allowing the process of mediation to be availed by litigants as an out of court settlement to get speedy justice.
With mediation seen as an effective and expedient tool to combat pendency of cases, the law Ministry had proposed to bring a stand-alone law on mediation and had suggested the same to the Advisory Council of the National Mission for Justice Delivery and legal Reforms.
In its meeting held in February this year, the Council comprising Attorney General, law Minister, Chairman Bar Council, Director National Judicial Academy, Secretary-General Supreme Court of India, jurist NR Madhava Menon and other representatives from Ministry of Home and law, had deliberated on the issue and agreed that a new legislation could encourage out-of court settlements in tenancy and industrial disputes, besides marital disputes.
Even NGOs and voluntary organisations can play a proactive role in the process, the Council opined. The law Ministry had raised concern over the fact that lack of any statutory backing to the mediation process gave rise to apprehension in the minds of litigants regarding the validity and enforce ability of the decisions arising out of mediation. Madhava Menon, the jurist on the panel stressed the need for a separate law for mediation at both pre and post litigation stages.