43. Community mediation.—(1) Any dispute likely to affect peace, harmony and tranquillity
amongst the residents or families of any area or locality may be settled through community mediation
with prior mutual consent of the parties to the dispute.
(2) For the purposes of sub-section (1), any of the parties shall make an application before the
concerned Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987) or
District Magistrate or Sub-Divisional Magistrate in areas where no such Authority has been
constituted, for referring the dispute to mediation.
(3) In order to facilitate settlement of a dispute for which an application has been received under
sub-section (2), the concerned Authority constituted under the Legal Services Authorities Act, 1987
(39 of 1987) or the District Magistrate or Sub-Divisional Magistrate, as the case may be, shall
constitute panel of three community mediators.
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(4) For the purposes of this section, the Authority or District Magistrate or the Sub-Divisional
Magistrate, as the case may be, shall notify a permanent panel of community mediators, which may be
revised from time to time.
(5) The following persons may be included in the panel referred to in sub-section (4)—
(a) person of standing and integrity who are respectable in the community;
(b) any local person whose contribution to the society has been recognised;
(c) representative of area or resident welfare associations;
(d) person having experience in the field of mediation; and
(e) any other person deemed appropriate.
(6) While making panel referred to in sub-section (4) the representation of women or any other
class or category of persons may be considered.
44. Procedure for community mediation.—(1) Any community mediation shall be conducted by
the panel of three community mediators referred to in sub-section (3) of section 43 who shall devise
suitable procedure for the purpose of resolving the dispute.
(2) The community mediators shall endeavour to resolve disputes through community mediation
and provide assistance to parties for resolving disputes amicably.
(3) In every case where a settlement agreement is arrived at through community mediation under
this Act, the same may be reduced into writing with the signature of the parties and authenticated by
the community mediators, a copy of which be provided to the parties and in cases where no settlement
agreement is arrived at, a non-settlement report may be submitted by the community mediators to the
Authority or the District Magistrate or the Sub-Divisional Magistrate, as the case may be, and to the
parties.
(4) Any settlement agreement arrived at under this Chapter shall be for the purpose of maintaining
the peace, harmony and tranquillity amongst the residents or families of any area or locality but shall
not be enforceable as a judgment or decree of a civil court.
(5) The provisions of section 20 shall, mutatis mutandis apply, in relation to the registration of
mediated settlement agreement under this section.