The Mediation Act, 2023
Central
An Act to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost effective process and for matters connected therewith or incidental thereto.
- Act number
- 32 of 2023
- Ministry
- Ministry of Law and Justice
- Department
- Department of Legal Affairs
- Enacted
- 14 Sep 2023
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
65 sections
- Section 1Short title, extent and commencement.
- Section 2Application.
- Section 3Definitions.
- Section 4Mediation agreement.
- Section 5Pre-litigation mediation.
- Section 6Disputes or matters not fit for mediation.
- Section 7Power of court or tribunal to refer parties to mediation.
- Section 8Appointment of mediators.
- Section 9Preference of parties.
- Section 10Conflict of interest and disclosure.
- Section 11Termination of mandate of mediator.
- Section 12Replacement of mediator.
- Section 13Territorial jurisdiction to undertake mediation.
- Section 14Commencement of mediation.
- Section 15Conduct of mediation.
- Section 16Role of mediator.
- Section 17Role of mediator in other proceedings.
- Section 18Time-limit for completion of mediation.
- Section 19Mediated settlement agreement.
- Section 20Registration of mediated settlement agreement.
- Section 21Non-settlement report.
- Section 22Confidentiality.
- Section 23Admissibility and privilege against disclosure.
- Section 24Termination of mediation.
- Section 25Cost of mediation.
- Section 26Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.
- Section 27Enforcement of mediated settlement agreement.
- Section 28Challenge to mediated settlement agreement.
- Section 29Limitation.
- Section 30Online mediation.
- Section 31Establishment and incorporation of Mediation Council.
- Section 32Composition of Council.
- Section 33Vacancies, etc., not to invalidate proceedings of Council.
- Section 34Resignation.
- Section 35Removal.
- Section 36Appointment of experts and constitution of Committees.
- Section 37Secretariat and Chief Executive Officer of Council.
- Section 38Duties and functions of Council.
- Section 39Monitoring and reporting.
- Section 40Mediation service provider.
- Section 41Functions of mediation service providers.
- Section 42Mediation institutes.
- Section 43Community mediation.
- Section 44Procedure for community mediation.
- Section 45Mediation Fund.
- Section 46Accounts and audit.
- Section 47Power of Central Government to issue directions.
- Section 48Power to frame schemes or guidelines.
- Section 49Mediated settlement agreement where Government or its, agency, etc., is a party.
- Section 50Protection of action taken in good faith.
- Section 51Power to make rules.
- Section 52Power to make regulations.
- Section 53Laying.
- Section 54Power to remove difficulties.
- Section 55Provisions of Act to have overriding effect on mediation or conciliation contained in other laws.
- Section 56Act not to apply to pending proceedings.
- Section 57Transitory provision.
- Section 58Amendment of Act 9 of 1872.
- Section 59Amendment of Act 5 of 1908.
- Section 60Amendment of 39 of 1987.
- Section 61Amendment of 26 of 1996.
- Section 62Amendment of 27 of 2006.
- Section 63Amendment of 18 of 2013.
- Section 64Amendment of 4 of 2016.
- Section 65Amendment of 35 of 2019.