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The Mediation Act 2023

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

Section 2 - Application

Section 3 - Definitions

 

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 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 - Nonsettlement 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

 

CHAPTER VI ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT

Section 27 - Enforcement of mediated settlement agreement

Section 28 - Challenge to mediated settlement agreement

Section 29 - Limitation

 

CHAPTER VII ONLINE MEDIATION

Section 30 - 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 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

 

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 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, 59, 60, 61, 62, 63, 64, 65  - Amendments to other acts

First Schedule - Disputes or matters not fit for mediation

Section Schedule - Overriding Effect

Third Schedule

Fourth Schedule

Fifth Schedule

Sixth Schedule

Seventh Schedule

Eighth Schedule

Ninth Schedule

Tenth Schedule

 

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