| Mediation Act, 2023 | |
|---|---|
 | |
| Parliament of India | |
| |
| Citation | Act No. 32 of 2023 |
| Territorial extent | India |
| Enacted by | Rajya Sabha |
| Passed | 1 August 2023 |
| Enacted by | Lok Sabha |
| Passed | 7 August 2023 |
| Assented to | 14 September 2023 |
| 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) |
| Legislative history | |
| Bill introduced in the Rajya Sabha | Mediation Bill, 2021 |
| Bill citation | Bill No. XLIII of 2021 |
| Introduced by | Kiren Rijiju, Minister of Law and Justice |
| 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[edit | edit source]
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.[4]
List of Sections of the Mediation Act, 2023[edit | edit source]
| 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[edit | edit source]
- ↑ 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
- ↑ Balachandran, V. (December 2024), "Mediation Act and Rules: Understanding Finer Nuances" (PDF), The Institute of Company Secretaries of India, retrieved 2026-01-13
- ↑ Chawla, Arun (2023-09-22). "A clear message to industry on dispute resolution". The Hindu. ISSN 0971-751X. Retrieved 2025-02-16.
- ↑ "The Mediation Act, 2023". India Code.
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