Chapter I - Preliminary
Start with the provision-specific commencement notification; the Act did not commence as one complete block.
Finin2min Indian law corpus - Batch 04
Mediation Act, 2023 - Professional Corpus
Commencement-aware Act chapters, ten Schedules, three 2024 Council Rules, official instruments and end-to-end professional practice masters.
See also the Arbitration and Mediation Hub and the practical overview Mediation Act 2023: What Changed for Commercial Dispute Resolution.
Critical current-law status
Partial commencement: S.O. 4384(E) brought 21 of 65 sections into force on 9 October 2023. The other 44 sections and connected Schedule amendments must not be presented as operative without a later official commencement notification.
Corpus coverage
- 11 Act chapter publications and 65 section records
- 10 Schedule publications
- 3 final 2024 Council governance/accounts Rules
- 4 commencement, Order, corrigendum and delegated-legislation modules
- 10 professional implementation masters
Publication directory
Chapter II - Application
Classify territorial, party, commercial, international, institutional and online-mediation coverage before relying on the Act.
Chapter III - Mediation
Test written consent, pre-litigation route, non-mediable exclusions and court/tribunal referral powers.
Chapter IV - Mediators
Use a neutral appointment process, written disclosures, conflict monitoring, replacement protocol and documented authority.
Chapter V - Mediation Proceedings
Build a complete case file from first appearance to settlement or termination, with confidentiality, authority, limitation and settlement-document controls.
Chapter VI - Enforcement of Mediated Settlement Agreement
Separate execution readiness, limited challenge grounds, challenge limitation and any stay or security strategy.
Chapter VII - Online Mediation
Use written consent, identity checks, secure communications, digital signatures, data protection and audit-trail controls.
Chapter VIII - Mediation Council of India
Track the commenced Council architecture separately from establishment, appointments, regulations and actual operational readiness.
Chapter IX - Mediation Service Providers and Mediation Institutes
Due-diligence the provider, rules, panel, case administration, fees, security and recognition status before incorporation by reference.
Chapter X - Community Mediation
Use community mediation only for qualifying peace-and-harmony disputes, with panel, record, consent and non-decree consequences clearly documented.
Chapter XI - Miscellaneous
Control funding, accounts, directions, delegated legislation, transition, pending proceedings and the effective date of every consequential amendment.
First Schedule - Disputes or matters not fit for mediation
Linked to section 6; includes criminal prosecution, serious fraud, third-party rights, tax and specified regulatory/public-law matters, subject to exact text and notification power.
Second Schedule - Enactments preserved from overriding effect
Lists enactments whose special mediation/conciliation mechanisms are preserved from section 55 override, including labour, family, legal services, senior citizens, POSH and specified tribunal laws.
Third Schedule - Indian Contract Act amendment
Amends section 28 of the Indian Contract Act in relation to contractual limitation/extinguishment provisions.
Fourth Schedule - Code of Civil Procedure amendment
Recasts the section 89 referral architecture to mediation and other ADR processes.
Fifth Schedule - Legal Services Authorities Act amendment
Aligns legal-services authority functions with mediation and settlement architecture.
Sixth Schedule - Arbitration and Conciliation Act amendment
Reworks the Part III conciliation interface and removes overlapping conciliation functions from the arbitration institutional framework.
Seventh Schedule - MSMED Act amendment
Recasts the section 18 facilitation route from conciliation terminology toward mediation before arbitration.
Eighth Schedule - Companies Act amendment
Substitutes the Companies Act section 442 mediation and conciliation panel framework.
Ninth Schedule - Commercial Courts Act amendment
Substitutes the Chapter IIIA / section 12A pre-institution mediation framework.
Tenth Schedule - Consumer Protection Act amendment
Aligns consumer mediation cells, referrals and settlement consequences with the Mediation Act; read with the 13 October 2023 Removal of Difficulties Order.
Mediation Council of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Rules, 2024
Conditions of service, salary, allowances, leave, travel and related administrative controls under sections 32 and 51.
Mediation Council of India (Travelling and other Allowances for Part-time Chairperson and Part-time Members) Rules, 2024
Travel and daily allowance framework for part-time office-holders attending Council business.
Mediation Council of India (Forms and Manner of Annual Statement of Accounts) Rules, 2024
Forms, accounting statements, approvals, CAG-linked audit and submission controls under sections 46 and 51.
S.O. 4384(E) - Partial commencement notification, 9 October 2023
Brings only sections 1, 3, 26, 31-38, 45-47, 50-54 and 56-57 into force. Every substantive-use page must show its own commencement status.
Mediation Act (Removal of Difficulties) Order, 2023 - 13 October 2023
Corrects the part-time office-holder references in sections 32 and 51 and adjusts the Tenth Schedule Consumer Protection Act wording.
Corrigendum to the Mediation Act, 2023
The Department of Legal Affairs hosts the official corrigendum. Preserve the signed Gazette copy and reconcile punctuation/wording before exact-text publication.
Rules, regulations and implementation status register
Separates the three final 2024 Council governance/account rules from regulations, schemes, guidelines and substantive process rules not located as final instruments in the reviewed official Act table.
Mediation Clause Drafting and Multi-tier Dispute Resolution Master
Draft scope, trigger, notices, institution/provider, mediator selection, venue/online mode, confidentiality, time-box, authority, interim relief and arbitration/litigation fall-back.
Pre-litigation Mediation and Commercial Courts Section 12A Master
Distinguish contractual voluntary mediation, Commercial Courts Act mandatory PIMS, urgent interim-relief exception, limitation and failure-certificate evidence.
Mediator Appointment, Independence and Conflict Disclosure Master
Create a nomination, conflict-screen, continuing-disclosure, challenge, resignation and replacement workflow.
Mediation Proceedings Calendar and Case Administration Master
Control commencement, first appearance, 120 plus 60-day model, sessions, documents, caucuses, costs, authority and termination without assuming uncommenced provisions apply.
Mediated Settlement Agreement Drafting, Authentication and Registration Master
Draft parties, recitals, obligations, payment, tax, security, releases, default, confidentiality, authority, signatures, registration and execution-ready relief.
Confidentiality, Privilege and Evidence Master
Separate protected process material from independently discoverable evidence, regulatory disclosures, fraud issues and settlement-enforcement records.
Enforcement, Challenge and Limitation Master
Map decree-style enforcement, challenge grounds, 90 plus 90-day model, limitation exclusion, jurisdiction, stamp, registration and stay/security strategy.
Online Mediation, E-sign, Cybersecurity and DPDP Control Master
Use written consent, identity verification, secure platforms, role-based access, encryption, e-sign, retention, breach response and cross-border data controls.
Government, MSME, Companies, Consumer, GST and Tax Overlay Master
Reconcile government settlement authority, MSME facilitation, Companies Act panel, consumer mediation, income recognition, GST adjustments, TDS, stamp and accounting.
Court-annexed, Community, Institutional and State Rules Deployment Matrix
Map section 57 transition, High Court mediation rules, Legal Services Authorities, family/consumer/commercial forums, provider rules and State-specific implementation.