The Mediation Act, 2023, published on 15th September, 2023, is a significant legislative development aimed at promoting and facilitating the resolution of disputes through mediation in India.
The Act seeks to establish a comprehensive framework for the conduct of mediation and conciliation proceedings, with a focus on promoting timely and effective resolution of disputes. It applies to the entire territory of India and encompasses both traditional and online mediation processes.
The Act defines mediation as a structured process in which a neutral third party, the mediator, assists the parties in reaching a mutually acceptable resolution of their dispute. This definition emphasizes the voluntary and collaborative nature of the mediation process, highlighting the role of the mediator in facilitating communication and negotiation between the parties.
One of the key objectives of the Act is to institutionalize and regulate the practice of mediation by providing for the establishment of mediation service providers and the accreditation of mediators. This is intended to ensure the availability of qualified and competent mediators to facilitate the resolution of disputes across various sectors. Additionally, the Act emphasizes the importance of training and capacity building for mediators to enhance the quality and professionalism of mediation services.
Furthermore, the Act introduces provisions for the enforcement of mediated settlement agreements, thereby conferring legal validity and enforceability to such agreements. This serves to enhance the reliability and efficacy of mediated outcomes, thereby promoting confidence in the mediation process. The Act also incorporates measures to promote community mediation and encourages the use of online mediation as a cost-effective and accessible means of dispute resolution.
The Act also establishes the Mediation Council of India, a pivotal regulatory body tasked with overseeing and regulating the practice of mediation in the country. The Council is entrusted with functions such as the registration and accreditation of mediators, setting standards for mediation training and education, and promoting professional and ethical conduct among mediators. Additionally, the Council plays a key role in recognizing mediation institutes and facilitating collaboration with domestic and international stakeholders to advance the field of mediation.
In addition, the Act provides for the amendment of existing enactments to align them with the provisions of the Mediation Act, 2023. This includes references to mediation in other laws and the substitution of relevant sections to ensure consistency and coherence in the legal framework governing dispute resolution. Overall, the Act represents a significant step towards promoting a culture of mediation and conciliation in India, with a view to expediting the resolution of disputes and reducing the burden on the judicial system.
You can download the Act text here.
