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ARTICLE · 26 OCTOBER 2023

Exploring The Mechanism Of The Mediation Act, 2023

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Mediation is recognized worldwide as an effective and less adversarial method of resolving disputes. India has long encouraged mediation to reduce the overburdening of courts and...

IndiaLitigation, Mediation & Arbitration
Aastha Mathur
Aastha Mathur
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1. Introduction

"An ounce of mediation is worth a pound of arbitration and a ton of litigation" – Joseph Grynbaum

Mediation is recognized worldwide as an effective and less adversarial method of resolving disputes. India has long encouraged mediation to reduce the overburdening of courts and on September 15, 2023 enacted the Mediation Act, 2023 ("Act"). The Act aims to promote mediation by providing a mechanism for mediation at both an individual and community level, in various sectors (including civil law, commercial law, family law, etc.) and through both offline and online modes. While many provisions are yet to come in force, on October 9, 2023, the Ministry of Law and Justice notified 21 of 65 sections of the Act, relating to title, definitions, establishment of the MCI, rule-making powers, and transitory provisions.

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