Section 38 of The Mediation Act, 2023 in hindi
The Council shall--
- (a)endeavour to promote domestic and international mediation in India through appropriate guidelines;
- (b)endeavour to develop India to be a robust centre for domestic and international mediation;
- (c)lay down the guidelines for the continuous education, certification and assessment of mediators by the recognised mediation institutes;
- (d)provide for the manner of conduct of mediation proceedings, under sub-section (1) of section 15;
- (e)provide for manner of registration of mediators and renew, withdraw, suspend or cancel registration on the basis of conditions as may be specified;
- (f)lay down standards for professional and ethical conduct of mediators under sub-section (3) of section 15;
- (g)hold trainings, workshops and courses in the area of mediation in collaboration with mediation service providers, law firms and universities and other stakeholders, both Indian and international, and any other mediation institutes;
- (h)enter into memoranda of understanding or agreements with domestic and international bodies or organisations or institutions;
- (i)recognise mediation institutes and mediation service providers and renew, withdraw, suspend or cancel such recognition;
- (j)specify the criteria for recognition of mediation institutes and mediation service providers;
- (k)call for any information or record of mediation institutes and mediation service providers;
- (l)lay down standards for professional and ethical conduct of the mediation institutes and mediation service providers;
- (m)publish such information, data, research studies and such other information as may be required;
- (n)maintain an electronic depository of the mediated settlement agreements made in India and for such other records related thereto in such manner as may be specified; and
- (o)perform any other function as may be assigned to it by the Central Government.
Summary
- The Council works to promote mediation within India and make the country a global hub for these services.
- It creates guidelines for training, certifying, and testing mediators.
- It sets the rules for how mediation sessions should be conducted, which ties into Section 15 of the Act.
- The Council manages the official list of mediators, including registering new ones or cancelling current registrations.
- It officially recognizes and monitors mediation institutes and service providers.
- It keeps a digital library of all settlement agreements reached through mediation in India.
Practical examples
FAQ
1. Does the Council manage the actual steps of a mediation session under Section 38 of The Mediation Act, 2023?
Yes, Section 38 of The Mediation Act, 2023 requires the Council to provide the manner of conduct for proceedings as described in Section 15.
2. Can the Council stop a mediator from working under Section 38 of The Mediation Act, 2023?
Yes, Section 38 of The Mediation Act, 2023 gives the Council the power to withdraw, suspend, or cancel a mediator's registration.
3. Where are mediation agreements stored under Section 38 of The Mediation Act, 2023?
Under Section 38 of The Mediation Act, 2023, the Council maintains an electronic depository for all mediated settlement agreements made in India.
4. Does the Council provide education for mediators under Section 38 of The Mediation Act, 2023?
Yes, Section 38 of The Mediation Act, 2023 tasks the Council with laying down guidelines for continuous education and certification.
5. Can the Council recognize private mediation schools under Section 38 of The Mediation Act, 2023?
Yes, Section 38 of The Mediation Act, 2023 allows the Council to recognize mediation institutes and specify the criteria for that recognition.
Test yourself
Q1.Under Section 38 of The Mediation Act, 2023, which of these is a duty of the Council regarding mediation institutes?
Q2.How does Section 38 of The Mediation Act, 2023 interact with Section 15 regarding mediator behavior?
Q3.What type of database must the Council maintain under Section 38 of The Mediation Act, 2023?
Q4.Under Section 38 of The Mediation Act, 2023, what can the Council do if a mediator breaks professional rules?