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Bar News Acts League

The Mediation Act, 2023

Act ID: 2023

The Mediation Act, 2023

"An Act to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise."

Table of Contents

65 Sections

Ch. 1

PRELIMINARY

S.1Short title, extent and commencement.

Ch. 2

APPLICATION

S.2Application.S.3Definitions.

Ch. 3

MEDIATION

S.4Mediation agreement.S.5Pre-litigation mediation.S.6Disputes or matters not fit for mediation.S.7Power of court or tribunal to refer parties to mediation.

Ch. 4

MEDIATORS

S.8Appointment of mediators.S.9Preference of parties.S.10Conflict of interest and disclosure.S.11Termination of mandate of mediator.S.12Replacement of mediator.

Ch. 5

MEDIATION PROCEEDINGS

S.13Territorial jurisdiction to undertake mediation.S.14Commencement of mediation.S.15Conduct of mediation.S.16Role of mediator.S.17Role of mediator in other proceedings.S.18Time-limit for completion of mediation.S.19Mediated settlement agreement.S.20Registration of mediated settlement agreement.S.21Non-settlement report.S.22Confidentiality.S.23Admissibility and privilege against disclosure.S.24Termination of mediation.S.25Cost of mediation.S.26Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected.

Ch. 6

ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENT

S.27Enforcement of mediated settlement agreement.S.28Challenge to mediated settlement agreement.S.29Limitation.

Ch. 7

ONLINE MEDIATION

S.30Online mediation.

Ch. 8

MEDIATION COUNCIL OF INDIA

S.31Establishment and incorporation of Mediation Council.S.32Composition of Council.S.33Vacancies, etc., not to invalidate proceedings of Council.S.34Resignation.S.35Removal.S.36Appointment of experts and constitution of Committees.S.37Secretariat and Chief Executive Officer of Council.S.38Duties and functions of Council.S.39Monitoring and reporting.

Ch. 9

MEDIATION SERVICE PROVIDERS AND MEDIATION INSTITUTES

S.40Mediation service provider.S.41Functions of mediation service providers.S.42Mediation institutes.

Ch. 10

COMMUNITY MEDIATION

S.43Community mediation.S.44Procedure for community mediation.

Ch. 11

MISCELLANEOUS

S.45Mediation Fund.S.46Accounts and audit.S.47Power of Central Government to issue directions.S.48Power to frame schemes or guidelines.S.49Mediated settlement agreement where Government or its, agency, etc., is a party.S.50Protection of action taken in good faith.S.51Power to make rules.S.52Power to make regulations.S.53Laying.S.54Power to remove difficulties.S.55Provisions of Act to have overriding effect on mediation or conciliation contained in other laws.S.56Act not to apply to pending proceedings.S.57Transitory provision.S.58Amendment of Act 9 of 1872.S.59Amendment of Act 5 of 1908.S.60Amendment of 39 of 1987.S.61Amendment of 26 of 1996.S.62Amendment of 27 of 2006.S.63Amendment of 18 of 2013.S.64Amendment of 4 of 2016.S.65Amendment of 35 of 2019.