Skip to main content

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

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