Union Government Formally Establishes Mediation Council of India Under 2023 Act, Headquarters in Delhi

A Long-Awaited Move: The Union Government has taken a crucial step to bring the Mediation Act 2023 to life by formally notifying the establishment of the Mediation Council of India. Issued on 27 August, the notification from the Ministry of Law and Justice sets Delhi as the Council’s headquarters.

Background: The Mediation Act 2023
The Mediation Act 2023 was enacted with the objective of promoting mediation as an effective dispute resolution mechanism, both domestically and internationally. While the core provisions for the Council (Sections 31 to 38) came into force on 9 October 2023, the actual constitution of the regulatory body awaited a formal establishment notification.

Composition and Structure
The Mediation Council of India will be a body corporate with perpetual succession, capable of holding property and entering into contracts. Its composition includes a Chairperson, two members with mediation expertise, representatives from the Departments of Legal Affairs and Expenditure, a Chief Executive Officer as Member-Secretary, and a part-time member from a recognized commerce and industry body. Members serve four-year terms, with reappointment eligibility, subject to age caps.

Regulatory and Promotional Functions
The Council is entrusted with a wide array of duties aimed at fostering a robust mediation ecosystem. It will:

  • Lay down guidelines for mediator education, certification, and assessment.
  • Prescribe the manner of conducting mediation proceedings.
  • Register mediators and recognize mediation institutes and service providers.
  • Maintain an electronic depository of mediated settlement agreements.
  • Publish research and data to promote mediation.
  • Enter into collaborations with domestic and international bodies.

“The Council shall endeavour to promote domestic and international mediation in India through appropriate guidelines,” states the Act, underscoring its mission to develop India as a leading mediation hub.

Key Observations
The notification, signed by Joint Secretary Mohd. Muqeem, formally exercises the power under Section 31(1):

“In exercise of the powers conferred by sub-section (1) of section 31 of the Mediation Act, 2023 (32 of 2023), the Central Government hereby establishes a Council … to be called as the Mediation Council of India, which shall have its head office at Delhi.”

This marks the culmination of the legislative framework needed to operationalize the Mediation Act.

Looking Ahead
With the Council now established, the next steps will include appointing its members and commencing its regulatory activities. The Council is also required to administer a Mediation Fund for the promotion of mediation. This institutional framework is expected to give a significant boost to alternative dispute resolution in India, providing parties with a credible and efficient mechanism for settling disputes outside courts.