Mediation Council of India

According to the provisions of the mediation bill, 2021 a regulatory body known as the Mediation Council of India will be formed to oversee and regulate mediation across the nation. The Mediation Council of India also performs other functions such as training mediators, improve the quality of mediation in India. The Mediation Council of India might set up its headquarters at Delhi or at any other place where the central government prefers. The Mediation Council of India can also establish offices anywhere in India or abroad with prior consultation with the central government.

Characteristics of Mediation Council of India

• The council can hold and move assets both movable and immovable.
• It can sue in its name and can be sued.
• It can enter into contracts in its name.
• It has perpetual succession (i.e.) the council exists irrelevant of the non-existence of the members and when a member gets out of the council another member replaces him.
• It will have a common seal.
• It will exercise the powers given by the provisions of the mediation bill.

Composition of the Mediation Council of India

The Mediation Council of India will be composed of the following members:

1. Chairperson - a person with experience and knowledge in alternate dispute resolution, administration or public affairs.
2. Full Time Member - a person who has knowledge and experience in ADR or Mediation.
3. Full Time Member – a person having experience in teaching or research in the field of mediation and alternate dispute resolution laws.
4. Member, ex officio - Secretary in the Department of Legal Affairs, Ministry of Law and Justice or a person not below the rank of Joint Secretary as a representative of the secretary.
5. Member, ex officio - Secretary in the Department of Expenditure, Ministry of Finance or a person not below the rank of Joint Secretary as a representative of the secretary.
6. Part-Time Member - one representative from a recognised body of commerce and industry, chosen by the Central Government
7. Chief Executive Officer

Removal of a Member of MCI

The members of the Mediation Council of India can resign their position in the office by a written and signed letter to the Central Government. They have to hold their office till the end of three months from the letter of resignation or till another person is appointed to replace the resigning person, whichever is earlier.

The members can be involuntarily removed from the Mediation Council of India under the following circumstances:

• If the person is an undischarged insolvent.
• If the person has been convicted of an offence.
• If the person has become physically or mentally incapable of performing his duties.
• If the person has obtained any kind of interest which might not allow him to perform his functions
• If the person undertakes any paid employment during his term of office without prior permission from the Central Government.

Any member who is being charged with any of the above allegations has the right to be informed about the charges against him and will get an opportunity to be heard.

Functions of Mediation Council of India

• Regulates the process of education, certification and assessment of mediators by the recognized mediation institutes.
• Lays down guidelines for registration, renewal, withdrawal or suspension of mediators.
• Lays down regulations and standards for ethical and professional conduct of mediators.
• To promote domestic and international mediation in India and to regulate the same.
• To make India as a strong center for domestic and international mediation
• Recognize mediation service providers, mediation institutes and revoke the recognition under certain circumstances.
• Lay down regulations and criteria for recognition of mediation service providers and mediation institutions.
• Maintain an electronic depository of mediated settlement agreement in India and other documents related to it.