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The Mediation Act, 2023

[Act No. 32 of 2023]

[14th September, 2023.]

Contents
The Mediation Act, 2023
Sections Particulars
Chapter I Preliminary
1. Short title, extent and commencement
Chapter II Requirement as to Permit
2. Application
3. Definitions
Chapter III Mediation
4. Mediation agreement
5. Pre-litigation mediation
6. Disputes or matters not fit for mediation
7. Power of court or tribunal to refer parties to mediation
Chapter IV Mediators
8. Appointment of mediators
9. Preference of parties
10. Conflict of interest and disclosure
11. Termination of mandate of mediator
12. Replacement of mediator
Chapter V Mediation Proceedings
13. Territorial jurisdiction to undertake mediation
14. Commencement of mediation
15. Conduct of mediation
16. Role of mediator
17. Role of mediator in other proceedings
18. Time-limit for completion of mediation
19. Mediated settlement agreement
20. Registration of mediated settlement agreement
21. Non-settlement report
22. Confidentiality
23. Admissibility and privilege against disclosure
24. Termination of mediation
25. Cost of mediation
26. Proceedings of Lok Adalat and Permanent Lok Adalat not to be affected
Chapter VI Enforcement of Mediated Settlement Agreement
27. Enforcement of mediated settlement agreement
28. Challenge to mediated settlement agreement
29. Limitation
Chapter VII Online Mediation
30. Online mediation
Chapter VIII Mediation Council of India
31. Establishment and incorporation of Mediation Council
32. Composition of Council
33. Vacancies, etc., not to invalidate proceedings of Council
34. Resignation
35. Removal
36. Appointment of experts and constitution of Committees
37. Secretariat and Chief Executive Officer of Council
38. Duties and functions of Council
39. Monitoring and reporting
Chapter IX Mediation Service Providers and Mediation Institutes
40. Mediation service provider
41. Functions of mediation service providers
42. Mediation institutes
Chapter X Community Mediation
43. Community mediation
44. Procedure for community mediation
Chapter XI Miscellaneous
45. Mediation Fund
46. Accounts and audit
47. Power of Central Government to issue directions
48. Power to frame schemes or guidelines
49. Mediated settlement agreement where Government or its, agency, etc., is a party
50. Protection of action taken in good faith
51. Power to make rules
52. Power to make regulations
53. Laying
54. Power to remove difficulties
55. Provisions of Act to have overriding effect on mediation or conciliation contained in other laws
56. Act not to apply to pending proceedings
57. Transitory provision
58. Amendment of Act 9 of 1872
59. Amendment of Act 5 of 1908
60. Amendment of 39 of 1987
61. Amendment of 26 of 1996
62. Amendment of 27 of 2006
63. Amendment of 18 of 2013
64. Amendment of 4 of 2016
65. Amendment of 35 of 2019
The Schedules
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
Seventh Schedule
Eighth Schedule
Ninth Schedule
Tenth Schedule


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