The Mediation Act, 2023
(Act No. 32 of 2023) — As on the 6th October, 2025
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.
Chapter I — Preliminary
Chapter II — Application
Chapter III — Mediation
- Section 4. Mediation agreement
- Section 5. Pre-litigation mediation
- Section 6. Disputes or matters not fit for mediation
- Section 7. Power of court or tribunal to refer parties to mediation
Chapter IV — Mediators
- Section 8. Appointment of mediators
- Section 9. Preference of parties
- Section 10. Conflict of interest and disclosure
- Section 11. Termination of mandate of mediator
- Section 12. Replacement of mediator
Chapter V — Mediation Proceedings
- Section 13. Territorial jurisdiction to undertake mediation
- Section 14. Commencement of mediation
- Section 15. Conduct of mediation
- Section 16. Role of mediator
- Section 17. Role of mediator in other proceedings
- Section 18. Time-limit for completion of mediation
- Section 19. Mediated settlement agreement
- Section 20. Registration of mediated settlement agreement
- Section 21. Non-settlement report
- Section 22. Confidentiality
- Section 23. Admissibility and privilege against disclosure
- Section 24. Termination of mediation
- Section 25. Cost of mediation
- Section 26. Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected
Chapter VI — Enforcement of Mediated Settlement Agreement
- Section 27. Enforcement of mediated settlement agreement
- Section 28. Challenge to mediated settlement agreement
- Section 29. Limitation
Chapter VII — Online Mediation
Chapter VIII — Mediation Council of India
- Section 31. Establishment and incorporation of Mediation Council
- Section 32. Composition of Council
- Section 33. Vacancies, etc., not to invalidate proceedings of Council
- Section 34. Resignation
- Section 35. Removal
- Section 36. Appointment of experts and constitution of Committees
- Section 37. Secretariat and Chief Executive Officer of Council
- Section 38. Duties and functions of Council
- Section 39. Monitoring and reporting
Chapter IX — Mediation Service Providers and Mediation Institutes
- Section 40. Mediation service provider
- Section 41. Functions of mediation service providers
- Section 42. Mediation institutes
Chapter X — Community Mediation
Chapter XI — Miscellaneous
- Section 45. Mediation Fund
- Section 46. Accounts and audit
- Section 47. Power of Central Government to issue directions
- Section 48. Power to frame schemes or guidelines
- Section 49. Mediated settlement agreement where Government or its, agency, etc., is a party
- Section 50. Protection of action taken in good faith
- Section 51. Power to make rules
- Section 52. Power to make regulations
- Section 53. Laying
- Section 54. Power to remove difficulties
- Section 55. Provisions of Act to have overriding effect on mediation or conciliation contained in other laws
- Section 56. Act not to apply to pending proceedings
- Section 57. Transitory provision
- Section 58. Amendment of Act 9 of 1872
- Section 59. Amendment of Act 5 of 1908
- Section 60. Amendment of 39 of 1987
- Section 61. Amendment of 26 of 1996
- Section 62. Amendment of 27 of 2006
- Section 63. Amendment of 18 of 2013
- Section 64. Amendment of 4 of 2016
- Section 65. Amendment of 35 of 2019
Schedules
- The First Schedule – Disputes or Matters Not Fit for Mediation
- The Second Schedule – Enactments Not Affected by Overriding Effect
- The Third Schedule – Amendment to the Indian Contract Act, 1872
- The Fourth Schedule – Amendment to the Code of Civil Procedure, 1908
- The Fifth Schedule – Amendment to the Legal Services Authorities Act, 1987
- The Sixth Schedule – Amendment to the Arbitration and Conciliation Act, 1996
- The Seventh Schedule – Amendment to the Micro, Small and Medium Enterprises Development Act, 2006
- The Eighth Schedule – Amendment to the Companies Act, 2013
- The Ninth Schedule – Amendment to the Commercial Courts Act, 2015
- The Tenth Schedule – Amendment to the Consumer Protection Act, 2019
Amendments incorporated: the words “Part-Time Member” were substituted for “Member” in sections 32 and 51, and the word “may” was substituted for “shall either on an application by the parties” in the Tenth Schedule (Consumer Protection Act amendment), by Notification No. S.O. 4506(E), with effect from 13th October, 2023.
