Mediation will only function as a viable ADR procedure if it is similar to conciliation and arbitration. Finally, when drafting a law on mediation, the legislator must also ensure that the scope of the challenge is limited to settlement agreements. Or even if they are treated as arbitral awards, they are rendered sterile. Section 73 of the Act authorizes a conciliator to prepare a settlement agreement that is final and binding on the parties. § 74 perceives the status of this settlement agreement to an arbitral award. The Hon`ble Delhi High Court confirmed the same in Anuradha SA Investments LLC & Anr. v. Parsvnath Developers Limited &Ors 2017 (4) ARBLR 72 (Delhi). This act now attests that, in accordance with the agreement on the settlement of the family and taking into account the settlement concluded between the parties, the parties agree to respect, execute and convene the above-mentioned conditions.
Similarly, in Rawlins v. Rawlins 258 S.E.2d 187 (Ga. Ct. App. 1979), the Ontario Superior Court has begged the courts to be extremely vigilant and to remove comparative agreements only in exceptional circumstances, for example. B where there is clear evidence of coercion, fraud, bad faith or false instructions. A family comparison agreement is also known as a family compromise agreement and is a legally sealed document that registers all family members who agree on accepted and respected common terms with respect to foreseeable disputes The agreement requires the participation and attestation of all family members in order to ensure that the agreement is concluded with the agreement of all members. and is not taken into force or by fraudulent means. > Since the consideration of a promise in a contract is indispensable, it is legally binding on all family members, like any other contract or agreement that must be respected to maintain the peace for family reasons. In India, there is no law providing for the implementation of agreements concluded for mediation between the parties.
The Indian Arbitration and Conciliation Act 1996 („Act“) pursuant to section 30, which is consistent with the UNCITRAL Model Law on International Commercial Arbitration, encourages the settlement of disputes through mediation if the arbitral tribunal finds elements of agreement between the parties to the dispute. . . .