In the second part of this series, the authors further build upon their argument that the ‘mandatory pre-litigation mediation’ clause in the new Mediation Bill, 2021 infringes upon voluntariness of parties to a permissible extent and offer reasons for the same.
In the first part of this series, the authors analyse the mandatory nature of mediation as postulated under Section 6 of the Mediation Bill, 2021. Attempts at mandating mediation have been vehemently opposed in the past to prevent depletion of the voluntariness of parties, considered the essence of mediation proceedings. The authors argue that the Mediation Bill, 2021, alters the voluntariness of the parties to mediation to a permissible extent for reasons explored in the article. Continue reading Mandatory Mediation: an Oxymoron? (Part 1)