Mediation Council of India: Key Insights

Generated from prompt:

Create a concise PowerPoint presentation summarizing the key points from the document on the Mediation Council of India, including: 1. Introduction – Overview of the Mediation Council of India (MCI) and its purpose under the Mediation Act, 2023. 2. Structure and Composition – Details of members, roles, and tenure. 3. Duties and Functions – Key functions such as promotion, regulation, training, and documentation. 4. Landmark Cases – Brief summaries of Salem Advocate Bar Association v. Union of India, Afcons Infrastructure Ltd. v. Cherian Varkey, and B.S. Krishnamurthy v. B.S. Nagaraj. 5. Contemporary Context – Impact of the Mediation Act, 2023, and emerging cases on enforceability and confidentiality. 6. Conclusion – Significance of the MCI in strengthening mediation in India. Keep slides visually clear, professional, and concise.

This presentation overviews the Mediation Council of India under the 2023 Act, covering its structure, duties like promotion and regulation, landmark cases (Salem Advocate Bar, Afcons, B.S. Krishnamur

November 29, 20258 slides
Slide 1 of 8

Slide 1 - Mediation Council of India

The slide features the title "Mediation Council of India," highlighting the establishment and role of this body. Its subtitle provides an overview and significance of the council under the Mediation Act, 2023.

Mediation Council of India

Overview and Significance under the Mediation Act, 2023

Slide 1 - Mediation Council of India
Slide 2 of 8

Slide 2 - Presentation Agenda

The presentation agenda outlines the structure of a talk on the Mediation Council of India (MCI) under the Mediation Act, 2023, beginning with an introduction to MCI's overview and purpose. It then covers the council's structure and composition, duties and functions like promotion and training, landmark cases such as Salem Advocate Bar and Afcons, the contemporary impact of the 2023 Act on enforceability and confidentiality, and concludes with MCI's significance in strengthening mediation in India.

Presentation Agenda

  1. Introduction to MCI
  2. Overview of MCI and its purpose under Mediation Act, 2023.

  3. Structure and Composition
  4. Details of members, roles, and tenure of the council.

  5. Duties and Functions
  6. Promotion, regulation, training, and documentation responsibilities.

  7. Landmark Cases
  8. Summaries of key cases like Salem Advocate Bar and Afcons.

  9. Contemporary Context
  10. Impact of 2023 Act on enforceability and confidentiality.

  11. Conclusion
  12. Significance of MCI in strengthening mediation in India.

Slide 2 - Presentation Agenda
Slide 3 of 8

Slide 3 - The Mediation Council of India

This section header slide introduces the Mediation Council of India as Section 01. It provides an overview of the council and its purpose under the Mediation Act, 2023.

The Mediation Council of India

01

Introduction

Overview of the Mediation Council of India and its purpose under the Mediation Act, 2023.

Slide 3 - The Mediation Council of India
Slide 4 of 8

Slide 4 - Structure and Composition

The slide outlines the structure of a body led by a chairperson who is a retired Supreme Court judge or equivalent, with up to 21 members comprising experts in mediation, law, and related fields. These members serve a non-renewable tenure of four years and are appointed by the Central Government.

Structure and Composition

  • Chairperson: Retired Supreme Court Judge or equivalent
  • Members: Up to 21 experts in mediation, law, and related fields
  • Tenure: 4 years, non-renewable
  • Appointed by: Central Government
Slide 4 - Structure and Composition
Slide 5 of 8

Slide 5 - Duties and Functions

The slide outlines key duties and functions focused on advancing mediation practices. It includes promoting awareness and standards, regulating mediators and institutions, developing training programs, and maintaining documentation and enforcement of agreements.

Duties and Functions

  • Promote mediation awareness and standards
  • Regulate mediators and institutions
  • Develop training programs
  • Maintain documentation and enforcement of agreements

Source: Mediation Act, 2023

Speaker Notes
Highlight the MCI's role in promoting and regulating mediation practices.
Slide 5 - Duties and Functions
Slide 6 of 8

Slide 6 - Landmark Cases

The slide discusses landmark Indian Supreme Court cases on mediation and alternative dispute resolution. In Salem Advocate Bar Assoc. v. Union of India (2005), the Court promoted court-annexed mediation centers to ease civil case backlogs, while Afcons Infra. v. Cherian Varkey (2010) outlined referral criteria under Section 89 CPC, and B.S. Krishnamurthy v. B.S. Nagaraj (2019) affirmed the binding nature of mediated family settlements as contracts.

Landmark Cases

Salem Advocate Bar Assoc. v. Union of India (2005)Afcons Infra. v. Cherian Varkey (2010) & B.S. Krishnamurthy v. B.S. Nagaraj (2019)
The Supreme Court encouraged the establishment of court-annexed mediation centers to promote alternative dispute resolution and reduce court backlogs in civil cases.Afcons defined the criteria for referring disputes to mediation under Section 89 CPC. B.S. Krishnamurthy upheld the enforceability of mediated family settlement agreements as binding contracts.
Slide 6 - Landmark Cases
Slide 7 of 8

Slide 7 - Contemporary Context

The Mediation Act of 2023 strengthens enforceability and confidentiality in mediation processes. Emerging cases are exploring online mediation and cross-border disputes, while the act boosts judicial efficiency by reducing case backlogs.

Contemporary Context

  • Mediation Act, 2023 enhances enforceability and confidentiality
  • Emerging cases test online mediation and cross-border disputes
  • Boosts judicial efficiency by reducing case backlogs
Slide 7 - Contemporary Context
Slide 8 of 8

Slide 8 - Conclusion

The conclusion slide highlights the pivotal role of the MCI in institutionalizing mediation, promoting amicable resolutions, and bolstering India's Alternative Dispute Resolution (ADR) framework to support a just society. Its subtitle, "Embracing Mediation for a Just Future," underscores the vision for advancing mediation as a key tool for fairness and harmony.

Conclusion

The MCI plays a pivotal role in institutionalizing mediation, fostering amicable resolutions, and strengthening India's ADR framework for a just society.

Embracing Mediation for a Just Future.

Speaker Notes
Call-to-action: Join the movement to promote amicable dispute resolutions in India.
Slide 8 - Conclusion

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