Getting into the ACT

Presently, there are short & succinct provisions pertaining to Mediation, as part of the Rules framed by the several High Courts. If one prefers Conciliations, then the provisions are even more compact. In comparison, the new Mediation Act, 2023 (hereinafter referred to as the Act) is quite voluminous.

One may well ask the reason for getting prolix about a simple process like Mediation. For one, it is not at all simple, it only looks so. A passenger of any given vehicle, knows not the travails of its driver. Plus, the Act seeks to incorporate changes in several other statutes, for affording mediation to a wider segment of society.

Considering that a legal background is essential for drafting any proposed statute, it goes without saying that lawyers would have made the most contributions in the preparation of the Act. And we lawyers have a tendency to be very thorough – often, overly so – when drafting any given document. For example, check the ‘Habendum Clause’ (not titled as such, though) in a Conveyance Deed.

Also, tongue-in-cheek, one may understand that in keeping with the current motto for governance – Sabka Saath, Sabka Vikas – a token balance is created. Now, the public that will save a lot of money on the litigations they avert due to settling through mediation, will first have to cough up legal fees to get started in their journey to the mediation room and out of it. : )