Overview On The Provisions & Applicability Of The Mediation Act, 2023

The Mediation Act 2023 ("Act") received the President's assent on 14th September 2023 and came to be published and notified by the Ministry of Law and Justice in the Gazette of India on 15th September 2023.

The object of this Act is 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."

Post this Act, all the mediations (subject to exceptions specified therein) will be regulated as per the provisions laid down in the said Act which were unregulated until the Act came into effect. Asper section 3(h) of the Act, the definition of "Mediation" is inclusive in nature and includes a process, whether referred to by the expression