Chapter V - Mediation Proceedings
Reviewed by CA Nikhil Gupta and Kajri Singh · Last reviewed 30 August 2026
Build a complete case file from first appearance to settlement or termination, with confidentiality, authority, limitation and settlement-document controls.
Dedicated Finin2min Summary - Chapter in 2 Minutes
- Build a complete case file from first appearance to settlement or termination, with confidentiality, authority, limitation and settlement-document controls.
- 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 13 | Territorial jurisdiction to undertake mediation. | Not commenced under S.O. 4384(E) in reviewed official record | Connects mediation location and territorial jurisdiction to parties and subject matter. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 14 | Commencement of mediation. | Not commenced under S.O. 4384(E) in reviewed official record | Identifies the legally relevant commencement point for limitation and procedural clocks. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 15 | Conduct of mediation. | Not commenced under S.O. 4384(E) in reviewed official record | Sets the flexible, party-centred process framework subject to fairness, confidentiality and regulations. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 16 | Role of mediator. | Not commenced under S.O. 4384(E) in reviewed official record | Defines the facilitator role and prohibits adjudication or imposed outcomes. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 17 | Role of mediator in other proceedings. | Not commenced under S.O. 4384(E) in reviewed official record | Restricts the mediator from acting in incompatible roles or appearing as witness in connected proceedings. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 18 | Time-limit for completion of mediation. | Not commenced under S.O. 4384(E) in reviewed official record | Sets a 120-day process period from first appearance, with a possible extension up to 60 days by agreement. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 19 | Mediated settlement agreement. | Not commenced under S.O. 4384(E) in reviewed official record | Defines a written, authenticated mediated settlement agreement and permits settlement of some or all disputes. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 20 | Registration of mediated settlement agreement. | Not commenced under S.O. 4384(E) in reviewed official record | Creates an optional registration route with a 180-day timing framework and late-fee mechanism. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 21 | Non-settlement report. | Not commenced under S.O. 4384(E) in reviewed official record | Requires a non-settlement report without disclosing reasons, admissions or confidential negotiation content. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 22 | Confidentiality. | Not commenced under S.O. 4384(E) in reviewed official record | Protects communications, proposals, documents and process confidentiality and prohibits audio/video recording. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 23 | Admissibility and privilege against disclosure. | Not commenced under S.O. 4384(E) in reviewed official record | Creates evidentiary privilege and limits compelled disclosure, subject to statutory exceptions. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 24 | Termination of mediation. | Not commenced under S.O. 4384(E) in reviewed official record | Specifies termination events including settlement, mediator declaration and party withdrawal. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 25 | Cost of mediation. | Not commenced under S.O. 4384(E) in reviewed official record | Allocates mediation cost equally unless parties agree otherwise. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
| Section 26 | Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected. | Commenced 9 October 2023 | Preserves Lok Adalat and Permanent Lok Adalat proceedings. | Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist. | First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report. |
Finin2min clause-by-clause decode
Status: Not commenced under S.O. 4384(E) in reviewed official record
Connects mediation location and territorial jurisdiction to parties and subject matter.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Identifies the legally relevant commencement point for limitation and procedural clocks.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Sets the flexible, party-centred process framework subject to fairness, confidentiality and regulations.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Defines the facilitator role and prohibits adjudication or imposed outcomes.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Restricts the mediator from acting in incompatible roles or appearing as witness in connected proceedings.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Sets a 120-day process period from first appearance, with a possible extension up to 60 days by agreement.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Defines a written, authenticated mediated settlement agreement and permits settlement of some or all disputes.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Creates an optional registration route with a 180-day timing framework and late-fee mechanism.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Requires a non-settlement report without disclosing reasons, admissions or confidential negotiation content.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Protects communications, proposals, documents and process confidentiality and prohibits audio/video recording.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Creates evidentiary privilege and limits compelled disclosure, subject to statutory exceptions.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Specifies termination events including settlement, mediator declaration and party withdrawal.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Allocates mediation cost equally unless parties agree otherwise.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Status: Commenced 9 October 2023
Preserves Lok Adalat and Permanent Lok Adalat proceedings.
Implementation: Open a controlled case file with commencement date, authority confirmations, session log, protected/non-protected evidence index, deadline calendar and settlement/termination checklist.
Evidence: First-appearance record, session log, process agreement, authority letters, submissions, document index, cost ledger, settlement or non-settlement report.
Practical examples and calculations
- Section 13: Connects mediation location and territorial jurisdiction to parties and subject matter. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 14: Identifies the legally relevant commencement point for limitation and procedural clocks. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 15: Sets the flexible, party-centred process framework subject to fairness, confidentiality and regulations. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 16: Defines the facilitator role and prohibits adjudication or imposed outcomes. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 17: Restricts the mediator from acting in incompatible roles or appearing as witness in connected proceedings. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 18: Sets a 120-day process period from first appearance, with a possible extension up to 60 days by agreement. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
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
