Civil Law and Procedure
The Mediation Act, 2023
Act 32 of 2023 · 65 sections
Practise questions on ADR & Mediation
Title, date and preamble
[14th September, 2023.]
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.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:––
Contents
CHAPTER I PRELIMINARY
CHAPTER II APPLICATION
CHAPTER III MEDIATION
CHAPTER IV MEDIATORS
CHAPTER V MEDIATION PROCEEDINGS
- 13.Territorial jurisdiction to undertake mediation
- 14.Commencement of mediation
- 15.Conduct of mediation
- 16.Role of mediator
- 17.Role of mediator in other proceedings
- 18.Time-limit for completion of mediation
- 19.Mediated settlement agreement
- 20.Registration of mediated settlement agreement
- 21.Non-settlement report
- 22.Confidentiality
- 23.Admissibility and privilege against disclosure
- 24.Termination of mediation
- 25.Cost of mediation
- 26.Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected
CHAPTER VI ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT
CHAPTER VII ONLINE MEDIATION
CHAPTER VIII MEDIATION COUNCIL OF INDIA
- 31.Establishment and incorporation of Mediation Council
- 32.Composition of Council
- 33.Vacancies, etc., not to invalidate proceedings of Council
- 34.Resignation
- 35.Removal
- 36.Appointment of experts and constitution of Committees
- 37.Secretariat and Chief Executive Officer of Council
- 38.Duties and functions of Council
- 39.Monitoring and reporting
CHAPTER IX MEDIATION SERVICE PROVIDERS AND MEDIATION INSTITUTES
CHAPTER X COMMUNITY MEDIATION
CHAPTER XI MISCELLANEOUS
- 45.Mediation Fund
- 46.Accounts and audit
- 47.Power of Central Government to issue directions
- 48.Power to frame schemes or guidelines
- 49.Mediated settlement agreement where Government or its, agency, etc., is a party
- 50.Protection of action taken in good faith
- 51.Power to make rules
- 52.Power to make regulations
- 53.Laying
- 54.Power to remove difficulties
- 55.Provisions of Act to have overriding effect on mediation or conciliation contained in other laws
- 56.Act not to apply to pending proceedings
- 57.Transitory provision
- 58.Amendment of Act 9 of 1872
- 59.Amendment of Act 5 of 1908
- 60.Amendment of 39 of 1987
- 61.Amendment of 26 of 1996
- 62.Amendment of 27 of 2006
- 63.Amendment of 18 of 2013
- 64.Amendment of 4 of 2016
- 65.Amendment of 35 of 2019
Schedules and appendices
Schedules are not yet reproduced here. Read them in the official file; each link opens the page where the Schedule begins.