The Parliament of India enacted the Mediation Act, 2023 to institutionalize alternative dispute resolution and reduce the pendency of court cases. In this context, which of the following statements accurately describes a key statutory provision of the Act?
- It mandates that mediation proceedings must be completed within a maximum timeframe of 180 days and accords mediated settlement agreements the legal enforceability of a civil court decree.Cevap
- BIt establishes the National Dispute Resolution Authority under the Ministry of Corporate Affairs with exclusive jurisdiction over criminal compoundable offenses.
- CIt completely excludes High Courts from exercising supervisory or constitutional writ jurisdiction under Article 226 over institutional mediation bodies.
- DIt makes pre-litigation mediation compulsory for all non-compoundable criminal trials prior to the framing of formal charges by a magistrate.
Cevap
The statement specifying that mediation proceedings must be completed within a maximum timeframe of 180 days and that mediated settlement agreements possess the legal enforceability of a civil court decree.
Under Section 18 of the Mediation Act, 2023, mediation proceedings must be completed within a statutory period of 120 days, which can be extended by a maximum of 60 days with the mutual consent of the parties, setting the upper cap at 180 days. In addition, Section 27 establishes that a mediated settlement agreement signed by the parties and authenticated by the mediator shall be final, binding, and enforceable in the same manner as a judgment or decree passed by a civil court under the Code of Civil Procedure, 1908.
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Anahtar Kavram
Statutory timelines, enforcement framework, and institutional regulatory architecture under the Mediation Act, 2023
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