MEDIATION TAKES ONE MORE IN INDIA

The Ministry of Consumer Affairs, Food and Public distribution (department of Consumer Affairs) vide a Notification dated 15th July 2020 1 in exercise of the powers conferred by sub-section (1) and clauses (r) and (ZF) of sub-section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government has framed the rules which are called Consumer Protection (Mediation) Rules, 2020. The same have also been ordered to be brought in force from 20th July 2020.

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While the entire country is waiting for a separate standalone statutory legislation for Mediation in India, the above-referred step taken by the Ministry of Consumer Affairs is laudable.

According to these rules, under Section 3, every Mediation Cell set up in a Commission, shall have a panel of Mediators on the recommendation of a Selection Committee consisting of the President and a Member of that Commission. Sub-clause 2 of Rule 3 further rules that the Mediation Cell shall have such support staff as may be decided by the President of that Commission in consultation with the concerned Government and that Government shall provide all administrative assistance and infrastructure facilities required by the Commission.

It is noteworthy that under Rule 4, the matters which cannot be referred for Mediation are specified and the same are as follows:-