Centre Establishes Mediation Council of India Under Mediation Act, 2023; Head Office to Be in Delhi
The Central Government has formally established the Mediation Council of India under the Mediation Act, 2023, with its head office in Delhi. The move gives effect to the statutory framework created for strengthening institutional mediation and developing a structured mediation ecosystem in India.
The notification was issued by the Union Ministry of Law and Justice, Department of Legal Affairs, on August 27. It invokes Section 31(1) of the Mediation Act, 2023, which empowers the Central Government to constitute the Council through an official notification.
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The notification 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, 2023 was enacted to promote and facilitate mediation in India, including institutional mediation for commercial and other disputes. It also provides a framework for enforcement of mediated settlement agreements, registration of mediators and encouragement of community mediation.
Section 31 provides the statutory basis for the Council. The Council will function as a body corporate with perpetual succession and a common seal. It will have the power to acquire and dispose of movable and immovable property, enter into contracts and sue or be sued in its own name.
While Delhi will serve as the Council’s head office, the Act also allows it to establish offices at other places in India and abroad after consultation with the Central Government.
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The Council will include a Chairperson appointed by the Centre, two members, two ex-officio members, a Member-Secretary serving ex officio and a part-time member. Members other than ex-officio members will ordinarily hold office for four years and may be considered for re-appointment.
The Act also prescribes age limits. The Chairperson cannot continue after attaining 70 years, while other non-ex-officio members cannot hold office after attaining 67 years. Where the Chairperson serves on a part-time basis, at least one appointed member must serve full-time.
A major responsibility of the Council will be to promote domestic and international mediation and help develop India as a strong mediation centre. It will frame guidelines relating to mediator education, certification, assessment, registration and professional conduct.
The Council will also prescribe standards for mediation proceedings and recognise mediation institutes and service providers. It may conduct training programmes with universities, law firms and other institutions and enter into agreements with domestic and international organisations.
It will additionally maintain an electronic depository of mediated settlement agreements made in India, publish relevant data and research, and monitor recognised mediation institutions. The Council must also prepare reports on implementation of the Act and forward them to the Central Government.
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