Siddhant Babu at 22:59, 26 March 2026

2026-03-26T22:59:42Z

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{{short description|Indian law impacting judiciary}}
{{Infobox legislation
| short_title = Mediation Act, 2023
| legislature = [[Parliament of India]]
| long_title = 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.
| citation = [https://www.indiacode.nic.in/bitstream/123456789/19637/1/aA2023-32.pdf Act No. 32 of 2023]
| territorial_extent = India
| enacted_by = [[Rajya Sabha]]
| date_passed = 1 August 2023
| enacted_by2 = [[Lok Sabha]]
| date_passed2 = 7 August 2023
| assented_by = [[President of India|President]] [[Droupadi Murmu]]
| date_assented = 14 September 2023
| date_commenced = 9 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)
| bill_history_url = https://prsindia.org/billtrack/the-mediation-bill-2021
| bill = Mediation Bill, 2021
| bill_citation = [https://prsindia.org/files/bills_acts/bills_parliament/2021/Mediation%20Bill,%202021.pdf Bill No. XLIII of 2021]
| introduced_by = [[Kiren Rijiju]], [[Minister of Law and Justice]]
| date_introduced = 20 December 2021
| committee_whole_label = Standing Committee on Personnel, Public Grievances, Law and Justice
| committee_whole = 20 December 2021–13 July 2022
| passed = 1 August 2023
| passed2 = 7 August 2023
| amends = {{olist|[[Indian Contract Act, 1872]] (9 of 1872)|[[Code of Civil Procedure (India)|Code of Civil Procedure, 1908]] (5 of 1908)|[[Legal Services Authorities Act, 1987]] (39 of 1987)|[[Arbitration and Conciliation Act 1996|Arbitration and Conciliation Act, 1996]] (26 of 1996)|[[Micro, Small and Medium Enterprises Development Act, 2006]] (27 of 2006)|[[Companies Act, 2013]] (18 of 2013)|Commercial Courts Act, 2015 (4 of 2016)|[[Consumer Protection Act, 2019]] (35 of 2019)}}
| repeals =
| status = not fully in force
}}
The '''Mediation Act, 2023''' was passed with the objective of reducing the burden on [[Indian judiciary|India's judiciary]] at large.<ref>{{citation|title=India: The Mediation Act 2023 - will the ADR wave pick up momentum?|date=2025-03-11|language=en|work=International Bar Association|first1=Payel|last1=Chatterjee|first2=Shuchita|last2=Choudhry|access-date=2026-01-13|url=https://www.ibanet.org/india-mediation-act-2023-will-the-ADR-wave-pick-up-momentum}}</ref><ref>{{citation|url=https://www.icsi.edu/media/webmodules/CSJ/December-2024/15.pdf|access-date=2026-01-13|work=The Institute of Company Secretaries of India|date=December 2024|first=V.|last=Balachandran|title=Mediation Act and Rules: Understanding Finer Nuances}}</ref> The act provides for the provisions of [[mediation]] between the parties at large.<ref>{{Cite news |last=Chawla |first=Arun |date=2023-09-22 |title=A clear message to industry on dispute resolution |url=https://www.thehindu.com/opinion/op-ed/a-clear-message-to-industry-on-dispute-resolution/article67335564.ece |access-date=2025-02-16 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref>

== Applicability of this Act ==
This Act applies to mediation conducted in India when:

# all or both parties habitually reside, are incorporated, or have their place of business in India; or
# the mediation agreement states that disputes will be resolved under this Act; or
# there is an international mediation; or
# 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
# 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.<ref>{{Cite web |title=The Mediation Act, 2023 |url=https://www.indiacode.nic.in/handle/123456789/19637?view_type=browse |website=India Code}}</ref>

== List of Sections of the Mediation Act, 2023 ==
{| class="wikitable"
|+
!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==
{{Reflist}}

[[Category:Acts of the Parliament of India 2023|Mediation Act]]

{{India-law-stub}}

Mediation Act, 2023 - Revision history

Siddhant Babu at 22:59, 26 March 2026