MEDIATION COUNCIL OF INDIA

[Mr. M. GOVINDARAJAN]

Mediation Council

The Act gives powers to the Central Government to establish a council to be called as ‘Mediation Council of India’ (‘Council’ for short).  This Council will perform the duties and discharge the functions prescribed under this Act.

Body corporate

The Mediation Council of India is a body corporate.  It will have a perpetual succession.   It will have a common seal.  It is having to power to acquire, hold and dispose the property both movable and immovable subject to the provisions of the Act.  The Council may enter into contracts.  It may sue and be sued by other parties.

Office

The head office of the Council shall be at Delhi or such other place as may be notified by the Central Government.  The Council, with the consultation of Central Government, may establish offices at other places and abroad also.

Members of Council

The Council shall consist of a Chairman, two members, ex-officio members and one part time member.

The Chairman shall be of a person of ability, integrity and standing having adequate knowledge and professional experience or shown capacity in dealing with problems relating to law, alternative dispute resolution preferably mediation, public affairs or administration to be appointed by the Central Government.

The two members shall be appointed by the Central Government.  One member shall be a person a person having knowledge and experience in law related to mediation or alternative dispute resolution mechanisms.  Another member shall be an eminent person having experience in research or teaching in the field of mediation and alternative dispute resolution laws.        

If the Chairperson is appointed on part time basis, then any one of the above members shall be a full time member.

The following are the ex-officio members-

• Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary.
• Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his representative not below the rank of Joint Secretary, and
• Chief Executive Officer—Member-Secretary.

One representative of a recognized body of commerce and industry shall be chosen by the Central Government. 

No act or proceeding of the Council shall be invalid merely by reason of-

• any vacancy or any defect, in the constitution of the Council;
• any defect in the appointment of a person as a Member of the Council; or
• any irregularity in the procedure of the Council not affecting the merits of the case.

Tenure

The Council Members, other than ex-officio members shall hold office as such, for a term of four years from the date on which they enter upon their office.  They shall be eligible for re-appointment.  The Chairman will hold his office till he attains 70 years and other members (other than ex-officio members) will hold their office till they attain 67 years.

Resignation

The Member may, by notice in writing, under his hand addressed to the Central Government, resign his office.  The Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.

Removal

The Central Government is having power to remove any member from his office,  if he-

• is an undischarged insolvent; or
• has engaged at any time, during his term of office, in any paid employment without the permission of the Central Government; or
• has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
• has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
• has so abused his position as to render his continuance in office prejudicial to the public interest; or
• has become physically or mentally incapable of acting as a Member.

Where a Member is proposed to be removed on any ground, he shall be informed of charges against him and given an opportunity of being heard in respect of those charges.

Appointment of experts

The Council may, appoint such experts and constitute such committees of experts as it may consider necessary to discharge its functions on such terms and conditions as may be specified.

Duties and functions of Council

The Council shall-

• endeavor to promote domestic and international mediation in India through appropriate guidelines;
• endeavor to develop India to be a robust centre for domestic and international mediation;
• lay down the guidelines for the continuous education, certification and assessment of mediators by the recognized mediation institutes;
• provide for the manner of conduct of mediation proceedings, under sub-section (1) of section 15;
• provide for manner of registration of mediators and renew, withdraw, suspend or cancel registration on the basis of conditions as may be specified;
• lay down standards for professional and ethical conduct of mediators under sub-section (3) of section 15;
• hold trainings, workshops and courses in the area of mediation in collaboration with mediation service providers, law firms and universities and other stakeholders, both Indian and international, and any other mediation institutes;
• enter into memoranda of understanding or agreements with domestic and international bodies or organizations or institutions;
• recognize mediation institutes and mediation service providers and renew, withdraw, suspend or cancel such recognition;
• specify the criteria for recognition of mediation institutes and mediation service providers;
• call for any information or record of mediation institutes and mediation service providers;
• lay down standards for professional and ethical conduct of the mediation institutes and mediation service providers;
• publish such information, data, research studies and such other information as may be required;
• maintain an electronic depository of the mediated settlement agreements made in India and for such other records related thereto in such manner as may be specified; and
• perform any other function as may be assigned to it by the Central Government.

Monitoring and reporting

The Council shall prepare a report on the implementation of the provisions of this Act during the year or such interval and forward a copy thereof to the Central Government.  The Central Government may take such additional measures as it deems necessary to supplement the functioning of the Council and for the effective implementation of the provisions of the Act.