Mediation Act, 2023

Bare Act · 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.

Act number: 32 of 2023
Enacted: 14 September 2023
Contents: 65 sections · 12 chapters

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Contents

Chapter I — Preliminary

Section 1 – Short title, extent and commencement

Chapter II — Application

Chapter III — Mediation

Chapter IV — Mediators

Section 8 – Appointment of mediators (preview)
Section 9 – Preference of parties (preview)
Section 10 – Conflict of interest and disclosure (preview)
Section 11 – Termination of mandate of mediator (preview)
Section 12 – Replacement of mediator (preview)

Chapter V — Mediation Proceedings

Section 13 – Territorial jurisdiction to undertake mediation (preview)
Section 14 – Commencement of mediation (preview)
Section 15 – Conduct of mediation (preview)
Section 16 – Role of mediator (preview)
Section 17 – Role of mediator in other proceedings (preview)
Section 18 – Time-limit for completion of mediation (preview)
Section 19 – Mediated settlement agreement (preview)
Section 20 – Registration of mediated settlement agreement (preview)
Section 21 – Non-settlement report (preview)
Section 22 – Confidentiality (preview)
Section 23 – Admissibility and privilege against disclosure (preview)
Section 24 – Termination of mediation (preview)
Section 25 – Cost of mediation (preview)
Section 26 – Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected (preview)

Chapter VI — Enforcement Of Mediated Settlement Agreement

Section 27 – Enforcement of mediated settlement agreement (preview)
Section 28 – Challenge to mediated settlement agreement (preview)
Section 29 – Limitation (preview)

Chapter VII — Online Mediation

Section 30 – Online mediation (preview)

Chapter VIII — Mediation Council Of India

Section 31 – Establishment and incorporation of Mediation Council (preview)
Section 32 – Composition of Council (preview)
Section 33 – Vacancies, etc., not to invalidate proceedings of Council (preview)
Section 34 – Resignation (preview)
Section 35 – Removal (preview)
Section 36 – Appointment of experts and constitution of Committees (preview)
Section 37 – Secretariat and Chief Executive Officer of Council (preview)
Section 38 – Duties and functions of Council (preview)
Section 39 – Monitoring and reporting (preview)

Chapter IX — Mediation Service Providers And Mediation Institutes

Section 40 – Mediation service provider (preview)
Section 41 – Functions of mediation service providers (preview)
Section 42 – Mediation institutes (preview)

Chapter X — Community Mediation

Section 43 – Community mediation (preview)
Section 44 – Procedure for community mediation (preview)

Chapter XI — Miscellaneous

Section 45 – Mediation Fund (preview)
Section 46 – Accounts and audit (preview)
Section 47 – Power of Central Government to issue directions (preview)
Section 48 – Power to frame schemes or guidelines (preview)
Section 49 – Mediated settlement agreement where Government or its, agency, etc., is a party (preview)
Section 50 – Protection of action taken in good faith (preview)
Section 51 – Power to make rules (preview)
Section 52 – Power to make regulations (preview)
Section 53 – Laying (preview)
Section 54 – Power to remove difficulties (preview)
Section 55 – Provisions of Act to have overriding effect on mediation or conciliation contained in other laws (preview)
Section 56 – Act not to apply to pending proceedings (preview)
Section 57 – Transitory provision (preview)
Section 58 – Amendment of Act 9 of 1872 (preview)
Section 59 – Amendment of Act 5 of 1908 (preview)
Section 60 – Amendment of 39 of 1987 (preview)
Section 61 – Amendment of 26 of 1996 (preview)
Section 62 – Amendment of 27 of 2006 (preview)
Section 63 – Amendment of 18 of 2013 (preview)
Section 64 – Amendment of 4 of 2016 (preview)

Sections

Section 65 – Amendment of 35 of 2019 (preview)