Chapter I - Preliminary
Reviewed by CA Nikhil Gupta and Kajri Singh · Last reviewed 30 August 2026
Start with the provision-specific commencement notification; the Act did not commence as one complete block.
Dedicated Finin2min Summary - Chapter in 2 Minutes
- Start with the provision-specific commencement notification; the Act did not commence as one complete block.
- Provision-level commencement is the first legal gate: only 21 sections were commenced by S.O. 4384(E) on 9 October 2023 in the reviewed official record.
- Use the India Code Act and the Department of Legal Affairs Gazette files as controlling sources.
- Separate the Mediation Act from existing Commercial Courts, consumer, company, court-annexed and special-statute mediation rules.
- Document consent, authority, limitation, confidentiality, settlement drafting, tax, stamp and enforcement before closing the file.
Section-by-section provision map
| Provision / gate | Topic | Commencement / status | Finin2min decode | Implementation | Evidence / control |
|---|---|---|---|---|---|
| Section 1 | Short title, extent and commencement. | Commenced 9 October 2023 | Creates the title, territorial extent and provision-by-provision commencement mechanism. | Maintain a commencement matrix and prohibit teams from applying an uncommenced provision merely because the Act exists on India Code. | Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence. |
Finin2min clause-by-clause decode
Status: Commenced 9 October 2023
Creates the title, territorial extent and provision-by-provision commencement mechanism.
Implementation: Maintain a commencement matrix and prohibit teams from applying an uncommenced provision merely because the Act exists on India Code.
Evidence: Official commencement and target-Act amendment source, board/legal approval, revised templates, training and control-testing evidence.
What is in force and what is not
The Mediation Act, 2023 has 65 sections, but it did not come into force as a single block. Each section has its own commencement status, and a section that has not been notified cannot be applied just because the Act appears on India Code.
- In force from 9 October 2023: sections 1, 3, 26, 31 to 38, 45 to 47, 50 to 54 and 56 and 57 — 21 sections in all, by notification S.O. 4384(E).
- Chapter I: section 1 (title, extent and commencement) and section 3 (definitions) are in force; check any other section of the Chapter on the commencement notification before using it.
- The rest of the Act: until notified, mediation continues under the arrangements that applied before the Act: mediation clauses in contracts, court-annexed mediation, the Commercial Courts Act, 2015 and the legal services authorities.
- How to check: read the footnote to section 1 on India Code and the Gazette notifications of the Department of Legal Affairs, and note the date of the check in the file.
Practical examples and calculations
- Section 1: Creates the title, territorial extent and provision-by-provision commencement mechanism. Operational status: Commenced 9 October 2023.
Timeline model: where an operative route adopts the Act model, separately calculate invitation/service, first appearance, 120-day process period, agreed extension up to 60 days, optional registration clock of 180 days, and challenge clock of 90 days plus a possible further 90 days. Do not apply these figures to an uncommenced provision.
Settlement value model: principal + agreed interest + tax adjustments + costs + security value - payments/credits/set-off, with milestone and default sensitivity.
Chapter-specific decision flowchart
Questions and answers
Has the whole Mediation Act, 2023 come into force?
Not on the record reviewed for this page (up to 18 July 2026): S.O. 4384(E) of 9 October 2023 brought into force 21 of the 65 sections. Check the Department of Legal Affairs notifications for anything issued later.
Which sections did the notification bring into force?
Sections 1, 3, 26, 31 to 38, 45 to 47, 50 to 54 and 56 and 57.
Can I rely on a section that has not been notified?
No. An Act has effect only for the sections brought into force; for the rest, the arrangements that applied before the Act continue.
Where is the commencement status recorded?
In the footnote to section 1 of the Act on India Code and in the Gazette notifications published by the Department of Legal Affairs.