NO. 32 OF 2023
[14th September, 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.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:-
CHAPTER I PRELIMINARY
1. Short title, extent and commencement
1. (1) This Act may be called the Mediation Act, 2023.
(2) It shall extend to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
CHAPTER II APPLICATION
CHAPTER III MEDIATION
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
CHAPTER IV MEDIATORS
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
CHAPTER V MEDIATION PROCEEDINGS
Section 13 - Territorial jurisdiction to undertake mediation
Section 14 - Commencement of mediation
Section 15 - Conduct of mediation
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 - Nonsettlement report
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
CHAPTER VI ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT
Section 27 - Enforcement of mediated settlement agreement
Section 28 - Challenge to mediated settlement agreement
CHAPTER VII ONLINE MEDIATION
CHAPTER VIII MEDIATION COUNCIL OF INDIACHAPTER
Section 31 - Establishment and incorporation of Mediation Council
Section 32 - Composition of Council
Section 33 - Vacancies, etc., not to invalidate proceedings of Council
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
CHAPTER IX MEDIATION SERVICE PROVIDERS AND MEDIATION INSTITUTES
Section 40 - Mediation service provider
Section 41 - Functions of mediation service providers
Section 42 - Mediation institutes
CHAPTER X COMMUNITY MEDIATION
Section 43 - Community mediation
Section 44 - Procedure for community mediation
CHAPTER XI MISCELLANEOUS
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 54 - Power to remove difficulties
Section 56 - Act not to apply to pending proceedings
Section 57 - Transitory provision
Section 58, 59, 60, 61, 62, 63, 64, 65 - Amendments to other acts
First Schedule - Disputes or matters not fit for mediation
Section Schedule - Overriding Effect