Mediation Act 2023

Mediation Act 2023
Parliament of India
  • 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.
CitationAct No. 32 of 2023
Territorial extentIndia
Passed byRajya Sabha
Passed1 August 2023
Passed byLok Sabha
Passed7 August 2023
Assented to byPresident Droupadi Murmu
Assented to14 September 2023
Commenced9 October 2023 Ss.1, 3, 26, Ss.31 to 38 (both inclusive), Ss. 45 to 47 (both inclusive), Ss. 50 to 54 (both inclusive), and Ss.56 to 57 (both inclusive)
Legislative history
Initiating chamber: Rajya Sabha
Bill titleMediation Bill, 2021
Bill citationBill No. XLIII of 2021
Introduced byKiren Rijiju, Minister of Law and Justice
Introduced20 December 2021
Standing Committee on Personnel, Public Grievances, Law and Justice20 December 2021–13 July 2022
Passed1 August 2023
Revising chamber: Lok Sabha
Passed7 August 2023
Amends
Status: Not fully in force

The Mediation Act 2023 was passed with the objective of reducing the burden on India's judiciary at large.[1][2] The act provides for the provisions of mediation between the parties at large.[3]

Applicability of this Act

This Act applies to mediation conducted in India when:

  1. all or both parties habitually reside, are incorporated, or have their place of business in India; or
  2. the mediation agreement states that disputes will be resolved under this Act; or
  3. there is an international mediation; or
  4. one party is the Central or State Government, or its agencies, public bodies, corporations, or local bodies, including entities they control or own, and the matter pertains to a commercial dispute: or
  5. any other dispute if the Central or State Government deems it appropriate and notifies it for resolution through mediation under this Act, where such Government bodies are a party.[4]

List of Sections of the Mediation Act, 2023

Section Number Section Title
1 Short title, extent and commencement.
2 Application
3 Definitions
4 Mediation agreement
5 Pre-litigation mediation
6 Disputes or matters not fit for mediation
7 Power of court or tribunal to refer parties to mediation
8 Appointment of mediators
9 Preference of parties
10 Conflict of interest and disclosure
11 Termination of mandate of mediator
12 Replacement of mediator
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

References

  1. ^ Chatterjee, Payel; Choudhry, Shuchita (2025-03-11), "India: The Mediation Act 2023 - will the ADR wave pick up momentum?", International Bar Association, retrieved 2026-01-13
  2. ^ Balachandran, V. (December 2024), "Mediation Act and Rules: Understanding Finer Nuances" (PDF), The Institute of Company Secretaries of India, retrieved 2026-01-13
  3. ^ Chawla, Arun (2023-09-22). "A clear message to industry on dispute resolution". The Hindu. ISSN 0971-751X. Retrieved 2025-02-16.
  4. ^ "The Mediation Act, 2023". India Code.
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