Mint. Members of the council may be directly appointed by the central government or based on the advice of a special search-cum-selection committee, the person said. “There is a definite push for mediation right now," the other person said.
The MCI will be formed under the aegis of the Mediation Act, which was passed by the government last year and mandates mediation proceedings to be completed within 180 days of start of the process, as per a Rajya Sabha disclosure. The council will set rules to be followed during mediation and give authority to mediators. The MCI will also oversee the education, assessment, and certification of mediators through recognized institutes.
It will also lay down standards for conduct of mediators, and recognize mediation service providers. The council will have a chairperson and two members who are experts in mediation, as per the Act. It will also have a chief executive officer and a representative of a recognised body of commerce and industry, chosen by the central government.
The creation of the council is the first milestone towards making mediation a go-to method of dispute resolution, especially for corporates in India, experts said. "Formation of the MCI is a milestone step, although one step in a long journey that lies ahead," said Namita Shah, co-founder of Presolv360, an online dispute resolution (ODR) forum providing e-mediation services. "We are already seeing a renewed focus on mediation, especially online mediation.
The formation of MCI will continue this momentum. ODR institutions, as mediation service providers, are key to the growth of online mediation. With MCI in place, ODR institutions will be able to grow faster and more strategically to make India a hub for online
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