The Mediation Act, 2023
Central Act · Act 32 of 202365 provisions3 citing judgments
The enactment
| 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. |
|---|---|
| Type | Act |
| Citation | Act 32 of 2023 |
| Year | 2023 |
| Jurisdiction | Central |
| Ministry | Ministry of Law and Justice |
| Status | In force as published by the source |
| Provisions published | 65 |
| Subjects | civil |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title, extent and commencement.
- Section 2 Application.
- Section 3 Definitions.1 citing judgment
- 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.
- 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.
- 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.
- Section 27 Enforcement of mediated settlement agreement.1 citing judgment
- Section 28 Challenge to mediated settlement agreement.1 citing judgment
- Section 29 Limitation.
- Section 30 Online mediation.
- 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.
- Section 40 Mediation service provider.
- Section 41 Functions of mediation service providers.
- Section 42 Mediation institutes.
- Section 43 Community mediation.
- Section 44 Procedure for community mediation.
- 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.
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