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Established With Head Office in Delhi Under 2023 Act
In a significant step toward institutionalizing in India, the has formally notified the establishment of the under the . The notification, issued by the on , sets up the with its head office in Delhi, fulfilling a key legislative mandate under the Act.
A Formal Institutional Step Under the 2023 Legislation
The notification, published in the Gazette of India (Extraordinary) as
S.O. 4781(E)
, was issued in exercise of the powers conferred by
of the
. It declares that the
"hereby establishes a Council for the purposes of the said Act, to be called as the
, which shall have its head office at Delhi."
The , which was enacted to promote and facilitate mediation—especially —for the resolution of disputes, commercial or otherwise, provides for the establishment of this Council. The Act also seeks to enforce , provide for registration of mediators, and encourage .
Structure and Composition of the Council
The Council is envisioned as a with and a . It has the power to acquire, hold, and dispose of property, enter into contracts, and in its own name.
The Council's composition includes: - A Chairperson appointed by the - Two members - Two - A Member-Secretary (ex-officio) - A part-time member
Members of the Council, other than , shall hold office for a term of four years and are eligible for re-appointment. The Chairperson cannot hold office after attaining the age of 70 years, while other members cannot continue beyond 67 years. If the Chairperson is appointed on a part-time basis, at least one of the appointed members must be a full-time member.
A Broad Mandate for Developing India's Mediation Ecosystem
The has been entrusted with wide-ranging responsibilities aimed at building a robust mediation framework in the country. Among its key duties:
- Promoting in India through appropriate guidelines
- Developing India as a robust centre for
- Laying down guidelines for of mediators by recognized mediation institutes
- Providing for the manner of conduct of mediation proceedings
- Registering mediators and establishing procedures for renewal, withdrawal, suspension, or cancellation of registration
- Laying down standards for professional and ethical conduct of mediators
The Council will also organize training programmes, workshops, and courses in mediation in collaboration with mediation service providers, law firms, universities, and other stakeholders, both Indian and international.
Recognition and Regulation of Mediation Institutions
A critical function of the Council will be to recognize mediation institutes and mediation service providers , with the authority to renew, withdraw, suspend, or cancel such recognition. It will specify criteria for recognition and may call for relevant information or records from these institutions.
The Council will further establish of recognized mediation institutes and service providers.
of Settlement Agreements
In a move toward transparency and accessibility, the Council will maintain an of made in India, along with other related records, in the manner prescribed under the Act.
The Council will also publish information, data, research studies, and other material relating to mediation.
Reporting and Oversight
The Council is required to prepare a report on the implementation of the provisions of the Mediation Act and forward a copy to the . The may take additional measures it deems necessary to supplement the functioning of the Council and ensure effective implementation of the Act.
Implications and Next Steps
The establishment of the marks a major institutional milestone under the . It provides a dedicated to oversee the development, regulation, and promotion of mediation as a mechanism for resolving disputes in India.
The notification, signed by Mohd. Muqeem , Joint Secretary and Legal Adviser, does not provide the names of the members who will constitute the Council, its office-bearers, or the date on which its day-to-day operations will begin. These details are expected to be notified separately.
The move signals the government's commitment to strengthening mechanisms and reducing the burden on traditional courts, while positioning India as a preferred destination for both .
