MEDIATION ACT, 2023
- Anhad Law
- Aug 20
- 2 min read
With the emergence of the Mediation Act, 2023, India's legal system is currently going through a phase of significant change.
Mediation Act, 2023 is being introduced as a potent instrument for facilitating dispute resolution outside the traditional courtroom. This landmark legislation received President’s assent on September 15, 2023.
The act aims to encourage and support mediation, particularly institutional mediation, for the resolution of various disputes, including commercial ones. It also seeks to enforce agreements reached through mediation and establish a mediator registration body, which shall promote community mediation, enhance the acceptance and cost-effectiveness of online mediation.
As of October 9, 2023, below-mentioned sections of the Mediation Act, 2023 have been set into motion by the government to initiate their implementation[1]:
a. Section – 1: Short title, extent and commencement.
b. Section – 3: Definitions.
c. Section – 26: Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.
d. Section – 31 to 38: Constitution of Mediation Council of India except its monitoring and reporting.
e. Section – 45 to 47: Mediation fund, accounts & audit of the mediation council and power of central government to issue directions.
f. Section – 50 to 54: Protection of action taken against in good faith, government’s power to make rules, laying and power to remove difficulties.
g. Section – 56 to 57: Act not to apply on pending proceedings and Transitory provisions.
Anhad Law’s Perspective
India's judicial system has long been burdened with a backlog of cases, leading to delays in delivery of justice. Over the years, this backlog has overwhelmed the courts, leaving litigants frustrated, and hence this is a welcome change and a step in the right direction. Although, India is making great progress in promoting mediation, there is still a long way to go for mediation to become a result delivering form of alternate dispute resolution method.
In order for mediation to effectively ease the judiciary's workload, the government must prioritise the implementation of the Mediation Act, 2023. It is crucial that the government focuses on the institutionalisation of mediation. Though the constitution of Mediation Council has been notified, what requires close attention is the timeline and method for putting in place the required infrastructure. Therefore, instead of implementing the Mediation Act, 2023vin phases, the government should first ensure the establishment of the necessary infrastructure and then proceed to notify the Act in totality.
Disclaimer: The contents of the above publication are based on interpretation, analysis and understanding of applicable laws and updates in law, within the knowledge of authors. Readers should take steps to ascertain the current developments given the everyday changes that may be occurring in India on internationally on the subject covered hereinabove. This is not a legal opinion, analysis or interpretation. This is an initiative to share developments in the world of law or as may be relevant for a reader. No reader should act on the basis of any statement made above without seeking professional and up-to date legal advice.
[1] The relevant notification can be accessed at: