The Mediation Act, 2023 is India’s first standalone legislation dedicated to mediation. It provides a comprehensive legal framework for the conduct of mediation, recognition and regulation of mediators and mediation service providers, and the enforcement of mediated settlement agreements.

Key Provisions

• Pre-litigation mediation — encourages parties to attempt mediation before filing a lawsuit. Courts can refer disputes to mediation at any stage.
• Mediation Council of India — a regulatory body to be established for registering mediators, recognising mediation service providers, and setting standards.
• Mediator qualifications — prescribed training requirements, continuing education, and ethical standards.
• Enforceability — mediated settlement agreements are enforceable as court decrees. Grounds for challenge are limited.
• Confidentiality — strict confidentiality requirements protect the mediation process and communications.
• Online mediation — explicitly recognised, enabling ODR platforms to conduct mediations with legal backing.

Standards and Regulations

The Act sets out standards for mediation service providers including infrastructure requirements, panel composition, quality assurance mechanisms, and grievance redressal procedures. These standards aim to professionalize mediation and build public trust in the process.

Impact on Dispute Resolution in India

The Mediation Act 2023 signals India’s commitment to building a robust mediation ecosystem. By providing legal certainty to mediated settlements and creating a regulatory framework, the Act removes key barriers that previously limited mediation’s adoption. Combined with ODR infrastructure, it positions India to significantly reduce its case backlog while delivering faster, cheaper, and more humane justice.