How will the Mediation Bill 2021 help reduce conflict?

Mediation Bill 2021
Matrimonial Disputes » How will the Mediation Bill 2021 help reduce conflict?

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The process of mediation involves the parties meeting with a neutral third party who helps them resolve their disputes. In this context, the Draft Mediation Bill 2021 is the result of India’s long-term effort to create comprehensive legislation on commercial mediation. The Union Law Minister introduced the Bill into the Indian Parliament in December 2021, and it was then sent for discussion to the Parliamentary Standing Committee on Personnel, Public Grievances, Law & Justice (the “Committee”). 

However, the Indian Civil Procedure Code (1908) (“CPC”) recognition of a mediated settlement agreement is one of Bill’s many commendable characteristics. Apart from this, the right of parties to urgently seek interim relief in court prior to the start of mediation proceedings or while they are ongoing, provisions relating to timely completion of mediation proceedings, community mediation, and creation of a Mediation Council of India to institutionalise mediation are few other attributes of the Bill. 

Through this blog, we will attempt to provide a detailed view of the Bill, and its necessity in today’s context. 

Also Read: Avoiding Election Disputes: A Guide For Candidates

What do you mean by mediation?

One of the alternative dispute resolution methods is mediation, in which the two parties to a disagreement are guided and helped to reach a compromise or settlement by an impartial third person. A third party who serves as a neutral and objective advisor, as well as aids in resolving the two parties, is called a mediator. 

However, mediation is a voluntary process that may only begin if both parties agree to it. The method is economical because neither party is overburdened, and both parties contribute equally to the cost of the mediation process and the mediator’s fee. Additionally, it follows a quick and simple procedure. Moreover, this approach is typically used by high-tech organisations and corporations to settle disputes. 

The necessity of a Mediation Bill in India

Arbitration, mediation, conciliation, negotiation, and Lok Adalats are all forms of alternative dispute resolution used in India. All of these offer a method for resolving conflicts outside of traditional courts. Based on facts, in mediation, a mediator does not enforce any agreement or settlement on the parties; instead, they are given a setting to discuss their differences and come to an amicable agreement. Currently, mediation does not have a standardized legal procedure and is not overseen by a specific authority. Additionally, there is a lack of official authority and standardisation in the procedure. 

In such a case, appropriate mediation legislation must be passed in order to lessen uncertainties. Moreover, the courts won’t have to deal with as many open cases. Therefore, a bill on mediation was submitted to the parliament in 2020 with this goal in mind, and it has since been referred to several standing committees for advice and recommendations.

Let us have a glimpse at the highlights of the Mediation Bill 2021

The Mediation Bill 2021 gives a thorough explanation of all the requirements for the mediation process, as well as an explanation of mediated agreement settlements. Listed below are the important highlights circulating the Bill: 

  • The Bill demands individuals attempt to resolve civil or business issues through mediation before going to any court or tribunal. After two mediation sessions, a party may end the mediation. The parties may extend the 180-day mediation period by an additional 180 days if they agree to do so.
  • India’s Mediation Council will be established, whose duties include recognising mediation service providers, mediation institutes, and mediators (which train and certify mediators).
  • The Bill specifies which issues are unsuitable for mediation (such as those involving criminal prosecution, or affecting the rights of third parties). However, this list may be changed by the national government.
  • Any person may be chosen as a mediator if both parties agree to it. If not, they may submit an application to a mediator service provider to have one of its mediators appointed.
  • The agreements reached through mediation will have the same legal power and effect as court orders.

Prominent Features of the Mediation Bill 2021

  • It describes the idea of pre-litigation mediation and provides a uniform definition and meaning of mediation, mediators, and other legal terms.
  • The Bill outlines the obligations of mediators, their duties, and the procedures for hiring, dismissing, and replacing them. Additionally, it covers funds, accounts, and required audits, and offers guidelines for mediators’ service providers.
  • It encourages the use of institutional mediation as a dispute-resolution method.
  • It also includes conflicts that fall outside of Bill’s exclusionary clause for mediation.
  • It also specifies the measures to be taken in such a process and grants the courts and tribunals the authority to send a case to mediation.
  • It states that all agreements or settlements reached through mediation will be legally binding on the parties and might have the same impact as if they had been approved by a judge.
  • The Bill gives the parties the option to withdraw from mediation procedures or ask for a different mediator.
  • It considers the difficulties in enforcing mediated settlement agreements.
  • The creation of the Mediation Council of India, a formal legal body to deal with mediation and problems resulting from its methods, is one of the Bill’s most significant features. 
  • It goes into further detail on the idea of community mediation and its processes.
  • The council’s membership, incorporation, retirement, and termination, as well as its duties and authority, are all outlined in this Bill. 
  • Most importantly, the Bill includes provisions for online mediation in order to achieve the goal of digital India.

As a whole, the Bill can reduce the rate of crime and punishment that is frequently occurring in India. All of these mentioned features sum up the importance of this Bill, and how it can help to lessen any conflict. Be it land-related disputes, corporate litigation, or similar issues the Bill can have a positive impact on such matters. 

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Also Read: How To Manage Corporate Disputes In India?


To sum up, mediation differs from the traditional court system. There is no need for a specific courtroom or to appear in court during this process. But, there isn’t a single piece of legislation in the nation that covers mediation, therefore the parliament introduced a Bill in this area in 2021 to close this gap. As a whole, the Mediation Bill 2021 seeks to change the mediation environment in India by promoting, bolstering, and consolidating the law on commercial mediation within the Indian legal system. 

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1. What are the main duties of mediation service providers?

As per Section 42, maintaining a panel of mediators, selecting a mediator from the panel to conduct mediation proceedings, providing sufficient infrastructure for the smooth conduct of all the sessions and proceedings,

encouraging the mediators to follow a professional and ethical code of conduct, and registering settlement agreements are some of their main responsibilities.

2. What are the different principles of mediation?

Confidential proceedings, voluntary participation of parties, the satisfaction of the parties, impartial mediators, and confidential proceedings, are among the important principles of mediation.

3. Where can I find the best advocate in Chandigarh?

Lex solution, a private law firm in Chandigarh can provide you with the top-rated and excellent advocate in the city of Chandigarh. 

4. How would you define online mediation?

This type of mediation can be done at any time using electronic tools over a computer network, as stated in Section 32 of the Bill. The only need is that the secrecy of the proceedings is upheld during the mediation.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

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Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.