Mediation Act, 2023: Scope, Structure, and Significance in India’s Dispute Resolution System

Anupriya Yadav

doi:10.36948/ijfmr.2025.v07i06.65072

Mediation Act, 2023: Scope, Structure, and Significance in India’s Dispute Resolution System

Author(s)	Dr. Anupriya Yadav
Country	India
Abstract	Mediation in India has historical roots, notably through Panchayats, which have long been a preferred method for resolving community conflicts. However, this practice waned during British rule, leading to an increase in disputes and delays in the adversarial legal system. Under Section 89(1) of the Code of Civil Procedure, 1908, courts can suggest arbitration, conciliation, judicial settlement, or mediation for resolving disputes, a practice widely accepted and implemented by the judiciary. Despite the establishment of mediation centres across India, private mediation has lacked structure and legal recognition, which has deterred participation. To address these issues, the Mediation Bill 2021 was introduced to create a robust legal framework and enhance the effectiveness of mediation. India signed the Singapore Convention on Mediation on August 7, 2019, but has yet to ratify it. Consequently, the Mediation Act does not incorporate the Singapore Convention on Mediation, similar to how the Arbitration and Conciliation Act, 1996, adopted the New York Convention. The Singapore Convention aims to provide a framework for the cross-border enforcement of settlement agreements resulting from international mediation. The Mediation Bill, 2021, was presented in the Rajya Sabha on December 20, 2021, and referred to the Standing Committee on Personnel, Public Grievances, Law & Justice for review on December 21, 2021. The Standing Committee released its 117th Report on the Mediation Bill on July 13, 2022, with several recommendations. The Union Cabinet approved some of these recommendations, and the Mediation Bill 2023 was passed by the Rajya Sabha on August 2, 2023, and by the Lok Sabha on August 7, 2023. The bill received presidential assent on September 15, 2023, becoming the Mediation Act 2023. This paper will explore the historical evolution of mediation, emphasizing its fundamental objective and structural framework. It also examines contemporary developments such as online and community mediation as stipulated in the Mediation Act of 2023. Furthermore, it underscores the enforcement of mediated settlement agreements and the establishment of the Mediation Council of India.
Keywords	Mediation Council, Online Mediation, Community Mediation, Dispute Settlement, Confidentiality
Published In	Volume 7, Issue 6, November-December 2025
Published On	2025-12-31
DOI	https://doi.org/10.36948/ijfmr.2025.v07i06.65072

View / Download PDF File

E-ISSN 2582-2160

doi

CrossRef DOI is assigned to each research paper published in our journal.

IJFMR DOI prefix is
10.36948/ijfmr

Downloads

Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 8 Isu 2 Cover Page Vol 8 Isu 1 Cover Page Vol 7 Isu 6

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA

About IJFMR Fees & Payment Current Issue Publication Archive	Submit Research Paper Track Submission Status Publication Guidelines Publication Ethics Peer Review & Plagiarism	Join as a Reviewer Editors & Reviewers Reviewer Referral Program Get Reviewer Membership Certi.	Website/Journal Policies Usage Policy Content Policies Privacy Policy

Contact Us		+91-9687-828-838	editor@ijfmr.com

International Journal For Multidisciplinary Research

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Mediation Act, 2023: Scope, Structure, and Significance in India’s Dispute Resolution System

Share this