MA Section 38 : Duties and functions of Council

Explanation using Example

Example 1: Promoting International Mediation in India

Introduction: Imagine a scenario where a multinational corporation, GlobalTech Inc., is involved in a contractual dispute with an Indian company, Bharat Solutions, over a technology licensing agreement. Both parties are interested in resolving the dispute through mediation.

Application: According to Section 38(a) of The Mediation Act, 2023, the Mediation Council of India is tasked with promoting international mediation in India. In this scenario, the Council could establish guidelines that encourage international parties like GlobalTech Inc. to choose India as a venue for mediation. This could include offering resources, ensuring the availability of qualified mediators, and providing a framework that supports cross-border mediation.

Outcome: By following these guidelines, GlobalTech Inc. and Bharat Solutions can engage in a structured mediation process in India, potentially leading to a mutually agreeable settlement. This not only resolves their dispute efficiently but also enhances India's reputation as a hub for international mediation.

Conclusion: Compliance with the Council's guidelines facilitates a smooth mediation process, benefiting both parties and promoting India's standing in the international mediation community.

Example 2: Certification and Assessment of Mediators

Introduction: Consider a situation where Priya, an experienced lawyer, wants to become a certified mediator in India. She is aware of the need for continuous education and assessment to maintain her certification.

Application: Section 38(c) of The Mediation Act, 2023, empowers the Mediation Council of India to lay down guidelines for the continuous education, certification, and assessment of mediators. Priya must adhere to these guidelines, which may include attending workshops, passing periodic assessments, and obtaining certifications from recognized mediation institutes.

Outcome: By fulfilling these requirements, Priya can maintain her status as a certified mediator, ensuring she remains updated with the latest mediation practices and ethical standards. Failure to comply could result in the suspension or cancellation of her certification, as per Section 38(e).

Conclusion: Priya's adherence to the Council's guidelines ensures her continued eligibility to practice as a mediator, contributing to the quality and professionalism of mediation services in India.

Example 3: Registration and Conduct of Mediators

Introduction: Ravi, a newly trained mediator, seeks to register with the Mediation Council of India to start his practice. He is also concerned about maintaining ethical standards in his mediation practice.

Application: Under Section 38(e) and (f) of The Mediation Act, 2023, the Council provides guidelines for the registration of mediators and sets standards for their professional and ethical conduct. Ravi must submit the necessary documentation for registration and adhere to the ethical guidelines laid out by the Council.

Outcome: Once registered, Ravi can legally offer mediation services. However, if he violates ethical standards, the Council has the authority to suspend or cancel his registration, ensuring that only qualified and ethical mediators practice in India.

Conclusion: By complying with the registration and ethical guidelines, Ravi can establish a reputable mediation practice, contributing to the integrity of the mediation process in India.

Example 4: Collaboration with International Bodies

Introduction: The Mediation Council of India is exploring opportunities to enhance its mediation practices by collaborating with international mediation bodies.

Application: Section 38(h) allows the Council to enter into memoranda of understanding or agreements with international bodies. For instance, the Council could partner with the International Mediation Institute to exchange best practices and training programs.

Outcome: Such collaborations can lead to improved mediation standards in India, providing mediators with access to global expertise and resources. This enhances the credibility and effectiveness of mediation services offered in India.

Conclusion: By leveraging international partnerships, the Council can elevate the quality of mediation in India, making it a more attractive option for resolving disputes.