2016 | Septiembre 20
Section 442 of The Companies Act, 2013 requires the Central Government to maintain a panel of experts to be called as the Mediation and Conciliation Panel. The panel is for mediation between the parties during the pendency of any proceedings before the Central Government or NCLT or NCLAT.
However, the overall scheme of Companies Rules seems to be blurring the line of distinction between “mediation” and “conciliation”.As much as internationally there seems to be a consensus that there is no distinction between “mediation” and “conciliation”; Indian lawin general seems to be suggesting otherwise. Would that make Companies Rules the proverbial “Achilles Heel” for mediation in India?