On September 15, 2023, the Indian Government notified the
Mediation Act, 2023 ("Act"). Several provisions of the
Act have, thereafter, been brought into force from 09 October
2023.
The Act aims to foster and facilitate mediation as a preferred
method for resolving disputes, whether commercial or otherwise, and
to encourage community mediation and to make online mediation as
acceptable and cost-effective process. To this end, it provides a
legal framework to enforce mediated settlement agreements, for
registration of mediators.
Key Provisions of the Mediation Act 2023
- Scope of the Mediation Act The Mediation Act
is applicable to mediation and conciliation proceedings within
India in various scenarios, including when all parties reside, are
incorporated, or operate their businesses within the country. It
also covers cases of international mediation involving at least one
foreign party. The Act integrates conciliation under Part III of
the Arbitration and
