The Mediation Act, 2023 is India’s first comprehensive legislation
ANINDYA KUMAR BHATTACHARYA
May 25, 2026
The Mediation Act, 2023 is India’s first
comprehensive legislation dedicated solely to mediation, creating a unified
framework that strengthens earlier provisions in CPC, Commercial Courts Act,
Consumer Protection Act, and Companies Act. It makes pre-litigation mediation
mandatory, ensures enforceability of settlement agreements, introduces online
and community mediation, and establishes the Mediation Council of
India. Key Features of the Mediation Act, 2023
-
Enforceability of settlement agreements Mediated
settlement agreements are legally binding and enforceable like court decrees,
reducing uncertainty.
-
Online mediation Recognises
digital platforms for mediation, making dispute resolution more accessible and
efficient.
-
Community mediation Encourages
resolution of local disputes through panels of respected community members,
reviving traditional panchayat-style mediation.
-
Mediation Council of India A
statutory body to regulate mediators, accredit mediation service providers, and
promote professional standards.
-
Time-bound process Mediation
must be completed within 120 days (extendable by 60 days), ensuring speedy
resolution.
How
It Builds on Earlier Mechanisms
|
Earlier
Provision
|
Scope
|
Limitation
|
Mediation
Act, 2023 Enhancement
|
|
Section
89 CPC
|
Court-referred
ADR
|
No
enforceability framework
|
Provides
binding settlement agreements
|
|
Commercial
Courts Act, 2015
|
Mandatory
pre-institution mediation
|
Limited
to commercial disputes
|
Extends
to broader civil disputes
|
|
Consumer
Protection Act, 2019
|
Mediation
cells in consumer commissions
|
Restricted
to consumer disputes
|
Creates
national framework with enforceability
|
|
Companies
Act, 2013
|
Mediation
Panel for corporate disputes
|
Narrow
scope, no uniformity
|
Integrates
corporate mediation into national law
|
Mediation has already
taken deep root in India through legal provisions such as Section 89 of the
CPC, Section 12A of the Commercial Courts Act, 2015, Section 37 of the Consumer
Protection Act, 2019, and Section 442 of the Companies Act, 2013 read with the
Companies Mediation Rules, 2016. The true test of the Mediation Act will lie in
how successfully it translates this legislative intent into practical outcomes.
(Tripurainfo)
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