Union Government Formally Establishes Mediation Council Of India Under 2023 Act, Headquarters In Delhi

On 27 August, the Union Government formally established the Mediation Council of India with its head office in Delhi, under Section 31(1) of the Mediation Act, 2023, nearly three years after its enactment.

The notification issued by the Ministry of Law and Justice states:

“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 for the purposes of the said Act, to be called as the Mediation Council of India, which shall have its head office at Delhi.”

The Mediation Act received Presidential assent on 14 September 2023. Sections 31 to 38, containing the principal provisions governing the Council, came into force on 9 October 2023.

The 27 August notification does not bring these provisions into force. Instead, it exercises the power under Section 31, which was already in operation, to formally establish the Council.

Chapter VIII of the Act deals with the Mediation Council of India. Section 31 provides for its establishment and incorporation, while Section 32 sets out its composition. Sections 33 to 37 deal with vacancies, resignation and removal of members, appointment of experts and committees, and the Council's Secretariat. Sections 38 and 39 set out its functions and monitoring and reporting responsibilities.

Under Section 31, the Council will be a body corporate with perpetual succession and a common seal. It can acquire, hold and dispose of movable and immovable property, enter into contracts and sue or be sued in its own name. In consultation with the Central Government, it may also establish offices at other places in India and abroad.

The Council will comprise a Chairperson, two members with specified experience in mediation or alternative dispute resolution, representatives of the Departments of Legal Affairs and Expenditure, the Chief Executive Officer as an ex-officio Member-Secretary, and a representative of a recognised body of commerce and industry as a Part-Time Member.

Members other than ex-officio members will hold office for four years and will be eligible for reappointment, subject to the age limits prescribed under the Act.

Section 38 assigns the Council its principal regulatory and institutional functions. It is required to promote domestic and international mediation and endeavour to develop India as a robust centre for mediation.

Its functions include laying down guidelines for the education, certification and assessment of mediators, prescribing the manner of conducting mediation proceedings, regulating the registration of mediators, and prescribing professional and ethical standards.

The Council may also recognise and regulate mediation institutes and mediation service providers, conduct training and workshops, enter into arrangements with domestic and international institutions, call for information and records, publish research and data, and maintain an electronic depository of mediated settlement agreements made in India.

Section 39 requires the Council to prepare reports on the implementation of the Act and submit them to the Central Government at prescribed intervals. The Central Government may take additional measures considered necessary for the effective implementation of the Act.

The Act also provides for a Mediation Fund, to be administered by the Council, for the promotion, facilitation and encouragement of mediation.

Accordingly, the notification gives effect to the Council's formal establishment under the Act.

Mediation Act, 2023