A Study On The Legal Status And Enforcement Of Mediation Settlements In India
- IJLLR Journal
- Nov 15
- 2 min read
R. Akshaya, Chettinad School of Law
ABSTRACT
The Mediation Act, 2023, is landmark legislation that aims to establish and promote mediation as the favored mode of dispute resolution in civil and commercial matters. By providing for an attempt to mediate before filing a suit, the Act seeks to ensure that parties take the mediation route first and thereby reduce the number of cases in courts. The Act also attributes the highest legal status to the settlement concluded through mediation and thus allows it to be directly enforceable as a court decree. One of the important changes brought by the Act is the creation of the Mediation Council of India to oversee the profession and conduct of mediators. In addition, the law broadens the mediation concept to involve technology and community initiatives, thus rendering dispute resolution more comfortable, less time- consuming, and less expensive. There is also an assurance of absolute secrecy regarding what is communicated during the mediation session; the settlement must be signed by the parties and the mediator, and any challenge to it is only allowed in the case of fraud, corruption, or non-mediable subject matter Whereas, mediation is not allowed for disputes involving criminal prosecution, serious fraud, third-party rights, or government regulatory actions. The legislation brings India on par with international practices and the Singapore Convention, removes the need for separate conciliation provisions, and pretty much sets the stage for the next generation of dispute resolution by means of technology. Among the numerous benefits anticipated from the implementation of the Mediation Act are the development of a cooperative legal culture, reduction of the judicial backlog, and strengthening of India's position as a jurisdiction that is globally progressive and friendly to ADR.
Keywords: Mediation Act 2023, Mediation Settlement Enforceability, Mediation Council of India, Alternative Dispute Resolution (ADR), Enforcement Challenges
