Mediation Council of India Notified, Nearly Three Years After the Mediation Act
The Union Law Ministry issued a notification establishing the Mediation Council of India, nearly three years after the Mediation Act, 2023 received presidential assent
The council's task is to regulate and promote institutional mediation, including recognising mediation service providers and institutes that train and certify mediators
The establishment follows a recommendation by a Department-related Parliamentary Standing Committee on Law and Personnel, whose report — tabled in Parliament earlier in August — flagged that expeditious operationalisation of the council was critical to realising the Act's objectives
The delay in setting up the council had previously been attributed by the government's law officer to difficulty finding suitable candidates and human-resource shortages for the statutory body
The council forms part of a broader push toward alternative dispute resolution (arbitration and mediation) for commercial, civil, and family disputes, to reduce the load on courts
Mediation Act, 2023
The Mediation Act, 2023 is India's first standalone legislation to comprehensively govern mediation as a mode of dispute resolution, covering both pre-litigation and court-referred mediation, and providing a statutory mechanism to enforce mediated settlements.
The Mediation Council of India is the apex regulatory body created under this Act; without it being operationalised, key functions such as accrediting mediators and recognising mediation institutes could not begin, leaving parts of the Act dormant for nearly three years.
Alternative Dispute Resolution (ADR) Framework in India
India's ADR ecosystem includes arbitration, conciliation, mediation, and Lok Adalats, each with a distinct statutory basis, offering alternatives to adversarial civil litigation.
Key Details
- Section 89 of the Code of Civil Procedure, 1908 empowers civil courts to refer disputes to arbitration/conciliation (under the Arbitration and Conciliation Act, 1996), Lok Adalat, judicial settlement, or mediation, where elements of a settlement appear possible
- Lok Adalats function under the Legal Services Authorities Act, 1987 (Section 20), providing conciliatory, no-court-fee dispute resolution, especially for underserved litigants
- Arbitration is governed separately by the Arbitration and Conciliation Act, 1996 (amended 2015, 2019, 2021), and is distinct from mediation — arbitration produces a binding, court-enforceable award decided by a third party, while mediation facilitates a mutually agreed settlement between the parties themselves
- The Mediation Act, 2023 fills the gap of a dedicated mediation statute that previously existed only in fragments (Section 89 CPC, Arbitration and Conciliation Act's conciliation provisions, and Commercial Courts Act's pre-institution mediation requirement)
The Mediation Council's establishment consolidates mediation as a distinct, regulated pillar of India's ADR framework, alongside arbitration and Lok Adalats, aimed at easing the burden on an overloaded court system.
Parliamentary Standing Committees: Scrutiny Function
Department-related Parliamentary Standing Committees examine bills, budgetary demands, and implementation of laws by the ministries they oversee, and can recommend corrective action to the government.
The council's creation illustrates the standing committee system functioning as intended — identifying an implementation gap between a passed law and its ground-level operationalisation, and prompting executive action.
- Mediation Act, 2023: presidential assent September 14, 2023; core provisions in force from October 9, 2023
- Mediation Council of India notified: August 2026 (nearly 3 years after the Act)
- Pre-litigation mediation timeline: 180 days from first appearance, extendable by 180 days with consent (Mediation Act, 2023)
- Mediated settlement agreements are enforceable as a decree under the Code of Civil Procedure, 1908
- Statutory basis for court-referred ADR: Section 89, CPC, 1908; Lok Adalats under Section 20, Legal Services Authorities Act, 1987