Chapter VI - Enforcement of Mediated Settlement Agreement
Reviewed by CA Nikhil Gupta and Kajri Singh · Last reviewed 30 August 2026
Separate execution readiness, limited challenge grounds, challenge limitation and any stay or security strategy.
Dedicated Finin2min Summary - Chapter in 2 Minutes
- Separate execution readiness, limited challenge grounds, challenge limitation and any stay or security strategy.
- 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 27 | Enforcement of mediated settlement agreement. | Not commenced under S.O. 4384(E) in reviewed official record | Treats an operative mediated settlement agreement as enforceable like a judgment or decree, subject to the Act. | Prepare an execution/challenge/limitation memorandum before signing and again immediately after receipt of the authenticated settlement. | Authenticated settlement, signature evidence, authority, registration record, default proof, limitation sheet, challenge/execute pleadings and payment/security records. |
| Section 28 | Challenge to mediated settlement agreement. | Not commenced under S.O. 4384(E) in reviewed official record | Limits challenge grounds and provides a 90-day filing period plus a possible further 90 days on sufficient cause. | Prepare an execution/challenge/limitation memorandum before signing and again immediately after receipt of the authenticated settlement. | Authenticated settlement, signature evidence, authority, registration record, default proof, limitation sheet, challenge/execute pleadings and payment/security records. |
| Section 29 | Limitation. | Not commenced under S.O. 4384(E) in reviewed official record | Excludes the mediation period when computing limitation for subsequent proceedings, subject to statutory conditions. | Prepare an execution/challenge/limitation memorandum before signing and again immediately after receipt of the authenticated settlement. | Authenticated settlement, signature evidence, authority, registration record, default proof, limitation sheet, challenge/execute pleadings and payment/security records. |
Finin2min clause-by-clause decode
Status: Not commenced under S.O. 4384(E) in reviewed official record
Treats an operative mediated settlement agreement as enforceable like a judgment or decree, subject to the Act.
Implementation: Prepare an execution/challenge/limitation memorandum before signing and again immediately after receipt of the authenticated settlement.
Evidence: Authenticated settlement, signature evidence, authority, registration record, default proof, limitation sheet, challenge/execute pleadings and payment/security records.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Limits challenge grounds and provides a 90-day filing period plus a possible further 90 days on sufficient cause.
Implementation: Prepare an execution/challenge/limitation memorandum before signing and again immediately after receipt of the authenticated settlement.
Evidence: Authenticated settlement, signature evidence, authority, registration record, default proof, limitation sheet, challenge/execute pleadings and payment/security records.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Excludes the mediation period when computing limitation for subsequent proceedings, subject to statutory conditions.
Implementation: Prepare an execution/challenge/limitation memorandum before signing and again immediately after receipt of the authenticated settlement.
Evidence: Authenticated settlement, signature evidence, authority, registration record, default proof, limitation sheet, challenge/execute pleadings and payment/security records.
Practical examples and calculations
- Section 27: Treats an operative mediated settlement agreement as enforceable like a judgment or decree, subject to the Act. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 28: Limits challenge grounds and provides a 90-day filing period plus a possible further 90 days on sufficient cause. Operational status: Not commenced under S.O. 4384(E) in reviewed official record.
- Section 29: Excludes the mediation period when computing limitation for subsequent proceedings, subject to statutory conditions. 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
