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Bare Acts

The Mediation Act, 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.

Act Details

Act Number:

32

Act Year:

2023

Location:

Enactment Date:

9/14/2023

Enforcement Date:

9-10-2023

Ministry:

Ministry of Law and Justice

Department:

Department of Legal Affairs

All Section List

PRELIMINARY

Section 1

Section 1

Short title, extent and commencement.

APPLICATION

Section 2 to Section 3

Section 2

Section 3

MEDIATION

Section 4 to Section 7

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.

MEDIATORS

Section 8 to Section 12

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.

MEDIATION PROCEEDINGS

Section 13 to Section 26

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

Non-settlement 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.

ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT

Section 27 to Section 29

Section 27

Enforcement of mediated settlement agreement.

Section 28

Challenge to mediated settlement agreement.

Section 29

ONLINE MEDIATION

Section 30

Section 30

Online mediation.

MEDIATION COUNCIL OF INDIA

MEDIATION SERVICE PROVIDERS AND MEDIATION INSTITUTES

Section 40 to Section 42

Section 40

Mediation service provider.

Section 41

Functions of mediation service providers.

Section 42

Mediation institutes.

COMMUNITY MEDIATION

Section 43 to Section 44

Section 43

Community mediation.

Section 44

Procedure for community mediation.

MISCELLANEOUS

Section 45 to Section 65

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

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

Amendment of Act 9 of 1872.

Section 59

Amendment of Act 5 of 1908.

Section 60

Amendment of 39 of 1987.

Section 61

Amendment of 26 of 1996.

Section 62

Amendment of 27 of 2006.

Section 63

Amendment of 18 of 2013.

Section 64

Amendment of 4 of 2016.

Section 65

Amendment of 35 of 2019.