A quick and affordable justice to all is one of the desired goals of any justice delivery system. To achieve the above goal in the backdrop of the long pending cases in all courts of the Nation, the ADR mechanisms like Arbitration, Conciliation and Mediation come in handy, in which the Mediation takes an important role to have the disputes settled in alternative way and, needless to say, quickly.
Therefore 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 and to make online mediation as acceptable and cost effective process, Central Government has brought an Act namely THE MEDIATION ACT 2023, which received assent of the President on 14th September 2023 and published in the Gazette of India on 15th September 2023.
Now this handy book startes with the following important topies of medication under the heading General Introduction and then proceeds with the provisions of the said Act (65 sections and 10 Schedules)
General Introduction
1. Background
2. Object
3. Salient features of the Mediation Bill,
4. Alternative Dispute Resolution (ADR)
5. Various ADR mechanisms in India
6. Advantages of ADR
7. Concept of Mediation
8. Types of Mediation
(1) Court-Referred Mediation
(2) Private Mediation
9. Need for a standalone law on Mediation
10. Provisions related to Mediation in various existing laws
11. Advantages of Mediation
12. Advantages of mediation over other modes of ADR
13. Mediation vis-a-vis Conciliation
14. United Nations Convention on Enforcement of International Settlement Agreements resulting from Meditation
15. Benefits contemplated under Mediation Bill,
16. Process of Mediation
17. Functions of Mediator
18. Mediator and Conciliator
19. Mediator and Adjudicator
20. Qualities of Mediator
21. Qualifications of Mediators
22. Communication Skills in Mediation
The Mediation Act, 2023
Chapter I - Preliminary
Chapter II - Application
Chapter III - Mediation
Chapter IV - Mediators
Chapter V - Mediation Proceedings
Chapter VI - Enforcement of Mediated Settlement Agreement
Chapter VII - Online Mediation
Chapter VIII - Mediation Council of India
Chapter IX - Mediation Service Providers and Mediation Institutes
Chapter X - Community Mediation
Chapter XI - Miscellaneous
Very useful book to practitioners especially ADR practitioners, and it is needless to state that the time has come to change from conventional practice of law to ADR Practice.
Valuable book with affordable price at Rs. 90/- only.
Available at www.shripathirajanpublishers.com.
Mediation, Pal Publishing House, Lexman, Bare Act
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