The Mediation Act, 2023

The Indian Government passed the Mediation Act, 2023 with the objective of reducing the burden on India Judiciary at large in India. The act provides for the provisions of mediation between the parties at large.^[1]

Applicability of this Act

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This Act applies to mediation conducted in India when:

1. all or both parties habitually reside, are incorporated, or have their place of business in India; or
2. the mediation agreement states that disputes will be resolved under this Act; or
3. there is an international mediation; or
4. 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
5. 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.^[2]

List of Sections of the Mediation Act, 2023

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