MEDIATION
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Ad-hoc Mediation
Ad-hoc mediation is a flexible and informal dispute resolution approach where parties engage in mediation without a pre-established institutional framework. They have the freedom to design and tailor the process according to their specific needs, preferences and circumstances. Ad-hoc mediation offers greater flexibility and autonomy for parties to determine the timing, location, and procedures of the mediation sessions. Parties have the freedom to negotiate the terms of engagement, set the agenda for discussions, and establish ground rules for communication and decision-making.
Unlike institutional mediation programs administered by mediation centers, ad-hoc mediation typically involves parties selecting their mediator directly, without going through a centralized roster or referral system. Parties can choose mediators based on factors such as expertise, availability, and compatibility with their dispute.
Legal enforceability of Mediation in India
In India, Ad-hoc mediation as well as institutional mediation is gaining tremendous acceptability and dependability with the enactment of the Mediation Act, 2023 (Act). With this Act coming into play, a Mediated Settlement Agreement (MSA) resulting from a mediation, irrespective of ad-hoc or institutional, signed by the parties and authenticated by the mediator shall be final and binding on the parties and persons claiming under them respectively and enforceable as per the provisions of Section 27(2) of the Act.
Subject to the provisions of challenging a MSA as contained in Section 28 of the Act, the Mediated Settlement Agreement (MSA) shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908, in the same manner as if it were a judgment or decree passed by a court, and may, accordingly, be relied on by any of the parties or persons claiming through them, by way of defense, set off or otherwise in any legal proceeding.
Additionally, Section 20(1) of the Mediation Act, 2023 (Act) confirms that, a Mediated Settlement Agreement may, at the option of parties, be registered with an Authority constituted under the Act or any other body as may be notified by the Government of India, in such manner as may be specified and such Authority or body shall issue a unique registration number to such settlement agreements.
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