The Mediation Act, 2023 received the assent of the President on the 14th of September 2023. It has been published by the Legislative Department of the Ministry of Law and Justice in the Gazette of India, Extraordinary, Part II, Section 1, New Delhi, Friday, September 15, 2023.
The object of the Act:
To promote and facilitate mediation, especially institutional mediation, for the resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide a body for the registration of mediators, encourage community mediation and make online mediation acceptable and cost-effective process and for matters connected in addition to that or incidental to it.
Enforcement of the Act:
The Mediation Act, 2023 is comprised of 65 Sections with ten schedules. It shall extend to the whole of India. The Mediation Act, 2023 come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Application:
This Act shall apply where mediation is conducted in India, and
all or both parties habitually reside in or are incorporated in or have their place of business in India; or
the mediation agreement provides that any dispute shall be resolved in accordance with the provisions of this Act; or
there is an international mediation; or
wherein one of the parties to the dispute is the Central Government or a State Government or agencies, public bodies, corporations and local bodies, including entities controlled or owned by such Government and where the matter pertains to a commercial dispute; or
to any other kind of dispute if deemed appropriate and notified by the Central Government or a State Government from time to time, for resolution through mediation under this Act, wherein such Governments, agencies, public bodies, corporations and local bodies including entities controlled or owned by them, is a party.
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