SUMAN K SHRIVASTAVA
Ranchi, Aug. 12: Mediation, an alternative dispute resolution tool, restricted to resolve civil, matrimonial and commercial disputes in the country so far, could now be used for maintaining peace, harmony and tranquility too in society.
For, the concept of community mediation through panchayats or elders, relied by the villagers in India since ages, has got a legal cover now under the Mediation bill, passed by both the Lok Sabha as well as the Rajya Sabha last week.
The Bill, which will take the form of a law after getting the Presidential assent, says that the ‘Community mediation’ could be conducted for any dispute which is likely to affect peace, harmony and tranquility amongst the residents or families of any area or locality.
Such disputes can be settled through community mediation with prior mutual consent of the parties.
Under the new Act, any of the parties can make an application before the concerned Authority constituted under the Legal Services Authorities Act, 1987 or District Magistrate or Sub-Divisional Magistrate in areas where no such Authority has been constituted, for referring the dispute to mediation.
The concerned Authority constituted under the Legal Services Authorities Act, 1987 or the District Magistrate or Sub-Divisional Magistrate, as the case
may be, has been mandated to constitute a panel of three mediators in order to facilitate settlement of a dispute.
The State Legal Services Authority or District Magistrate or the Sub-Divisional Magistrate, as the case may be, has been empowered to notify a permanent panel of mediators, which may be revised from time to time.
Who can be a mediator for such disputes?
(a) Persons of standing and integrity who are respectable in the community;
(b) Any local person whose contribution to the society has been recognised;
(c) Representative of area or resident welfare associations; and Mediation Service providers.
Under the new law, a community mediation will be conducted by the panel of three mediators who would devise a suitable procedure for the purpose of resolving the dispute.
The mediators will make an effort to resolve disputes through community mediation and provide assistance to parties for resolving disputes amicably.
The Bill says that in every case where a settlement agreement is arrived at through mediation under this Act, the same may be reduced into writing with the signature of the parties and authenticated by the mediator, a copy of which he provided to the parties and in cases where no settlement agreement is arrived at, a failure report may be submitted by the mediator to the Authority or the District Magistrate or the Sub-Divisional Magistrate, as the case may be, and to the parties.
However, any settlement agreement arrived shall be for the purpose of maintaining the peace, harmony and tranquility amongst the residents or families of any area or locality but shall not be enforceable as a judgment or decree of a civil court.
