Chapter VIII - Mediation Council of India
Reviewed by CA Nikhil Gupta and Kajri Singh · Last reviewed 30 August 2026
Track the commenced Council architecture separately from establishment, appointments, regulations and actual operational readiness.
Dedicated Finin2min Summary - Chapter in 2 Minutes
- Track the commenced Council architecture separately from establishment, appointments, regulations and actual operational readiness.
- 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 31 | Establishment and incorporation of Mediation Council. | Commenced 9 October 2023 | Provides for establishment and incorporation of the Mediation Council of India by Central Government notification. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 32 | Composition of Council. | Commenced 9 October 2023 | Sets Council composition and the Chairperson/member framework, read with the 2023 Removal of Difficulties Order and 2024 Rules. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 33 | Vacancies, etc., not to invalidate proceedings of Council. | Commenced 9 October 2023 | Protects Council proceedings from invalidation merely because of vacancies or constitution defects. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 34 | Resignation. | Commenced 9 October 2023 | Governs resignation of Chairperson and members. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 35 | Removal. | Commenced 9 October 2023 | Governs removal and procedural safeguards. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 36 | Appointment of experts and constitution of Committees. | Commenced 9 October 2023 | Permits experts and committees for Council functions. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 37 | Secretariat and Chief Executive Officer of Council. | Commenced 9 October 2023 | Creates a secretariat and Chief Executive Officer architecture. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 38 | Duties and functions of Council. | Commenced 9 October 2023 | Lists Council duties including standards, registration, recognition, training and development of mediation. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
| Section 39 | Monitoring and reporting. | Not commenced under S.O. 4384(E) in reviewed official record | Provides monitoring, reporting and data functions, but is outside the 9 October 2023 commencement list. | Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone. | Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes. |
Finin2min clause-by-clause decode
Status: Commenced 9 October 2023
Provides for establishment and incorporation of the Mediation Council of India by Central Government notification.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Sets Council composition and the Chairperson/member framework, read with the 2023 Removal of Difficulties Order and 2024 Rules.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Protects Council proceedings from invalidation merely because of vacancies or constitution defects.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Governs resignation of Chairperson and members.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Governs removal and procedural safeguards.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Permits experts and committees for Council functions.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Creates a secretariat and Chief Executive Officer architecture.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Commenced 9 October 2023
Lists Council duties including standards, registration, recognition, training and development of mediation.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Status: Not commenced under S.O. 4384(E) in reviewed official record
Provides monitoring, reporting and data functions, but is outside the 9 October 2023 commencement list.
Implementation: Check the latest Gazette for establishment, appointments, delegated legislation and current operational status; do not infer actual constitution from enabling sections alone.
Evidence: Gazette notification, rule/regulation version, appointment/constitution record, accounts, minutes, directions, reports and source hashes.
Practical examples and calculations
- Section 31: Provides for establishment and incorporation of the Mediation Council of India by Central Government notification. Operational status: Commenced 9 October 2023.
- Section 32: Sets Council composition and the Chairperson/member framework, read with the 2023 Removal of Difficulties Order and 2024 Rules. Operational status: Commenced 9 October 2023.
- Section 33: Protects Council proceedings from invalidation merely because of vacancies or constitution defects. Operational status: Commenced 9 October 2023.
- Section 34: Governs resignation of Chairperson and members. Operational status: Commenced 9 October 2023.
- Section 35: Governs removal and procedural safeguards. Operational status: Commenced 9 October 2023.
- Section 36: Permits experts and committees for Council functions. 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
