Where Can Mediation Proceedings Be Conducted?

Key Takeaways

• Mediation proceedings are generally intended to be conducted within the territorial jurisdiction of the court or tribunal competent to decide the underlying dispute.
• Parties may mutually agree to conduct mediation at another physical location where the applicable legal framework permits such an arrangement.
• Merely choosing another city or state as the mediation venue does not ordinarily change the territorial jurisdiction connected with the dispute.
• Mediation may be conducted at court-annexed mediation centres, institutional mediation facilities, private professional premises or another mutually agreed neutral location.
• Online mediation allows parties and mediators located in different places to participate through video conferencing and other secure electronic communication methods.
• Section 13 of the Mediation Act, 2023 specifically deals with territorial jurisdiction for mediation, although its commencement status must be considered before treating it as an operative procedural provision. 
• The place chosen for mediation should promote confidentiality, neutrality, accessibility and effective participation without giving an unfair advantage to either party.

Where Are Mediation Proceedings Conducted?

Mediation is an alternative dispute resolution mechanism designed to be flexible and less formal than court proceedings. Unlike litigation, which usually takes place before a particular court having territorial and pecuniary jurisdiction, mediation does not always require the parties to remain physically present within the same geographical area.

Under the framework contemplated by the Mediation Act, 2023, a mediation proceeding may take place:

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• within the territorial jurisdiction of the competent court or tribunal;
• at another place mutually agreed upon by the parties;
• at a court-annexed mediation centre;
• at a mediation institution or mediation service provider;
• at another neutral location selected by the parties; or
• through online mediation using electronic communication facilities.

The exact place depends on the nature of mediation, the agreement between the parties and the legal framework governing the dispute.

What Does Section 13 of the Mediation Act, 2023 Provide?

Section 13 of the Mediation Act, 2023 deals specifically with the territorial jurisdiction for undertaking mediation.

The general rule under the section is that mediation should ordinarily be undertaken within the territorial jurisdiction of the court or tribunal that would have jurisdiction to decide the subject matter of the dispute. 

In simple terms, the location of the competent court becomes the starting point for determining where mediation should take place. The broader concept of territorial jurisdiction under the CPC determines the geographical limits within which a civil court can ordinarily exercise its authority.

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For example, if a commercial dispute would ordinarily fall within the jurisdiction of a competent court in Delhi, mediation would normally be undertaken within that territorial jurisdiction.

However, this is not an absolute rule. The Act recognises that mediation is based heavily on party autonomy and therefore permits the parties to select another place by mutual agreement.

Can Mediation Be Conducted Outside the Jurisdiction of the Court?

Yes. Section 13 permits parties to mutually agree to conduct mediation outside the territorial jurisdiction of the competent court or tribunal.

This flexibility is important because disputes often involve parties residing or carrying on business in different cities or states.

For instance, a dispute may legally fall within the jurisdiction of a court in Mumbai, while both parties find it more convenient to conduct mediation in Bengaluru. If both parties agree, the mediation may be conducted there.

The key requirement is mutual consent.

One party generally cannot unilaterally insist that mediation be shifted to another city merely because that location is more convenient for that party. Party consent remains one of the central features of the mediation process.

Why Does the Law Allow a Different Place?

Mediation is intended to make dispute resolution convenient, cooperative and efficient. Requiring parties to remain tied to the location of a court may create unnecessary practical difficulties.

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Allowing parties to choose another place can be useful where:

• the parties live in different cities;
• the mediator is based elsewhere;
• the dispute involves a business operating across several states;
• both parties consider another city more convenient;
• an institutional mediation centre is situated outside the court’s territorial jurisdiction; or
• parties wish to conduct meetings at a neutral location.

This flexibility is one of the major practical differences between mediation and ordinary court proceedings.

Does the Place of Mediation Change Court Jurisdiction?

No. Merely conducting mediation in another city or state does not ordinarily change the jurisdiction of the court or tribunal connected with the dispute.

This distinction is extremely important.

The venue of mediation refers to the place where mediation meetings are physically or electronically conducted.

The legal jurisdiction refers to the authority of a particular court or tribunal to deal with matters relating to the dispute or mediated settlement.

These two concepts are not necessarily the same.

Section 13 contains an explanation intended to ensure that choosing a different venue does not allow parties to artificially create a new jurisdiction. Where mediation is conducted outside the territorial jurisdiction or online, it is deemed to have been undertaken within the territorial jurisdiction of the competent court or tribunal for enforcement, challenge and registration of the mediated settlement agreement. 

For example, suppose Delhi courts have jurisdiction over a contractual dispute. The parties agree to conduct mediation in Goa because it is convenient for both sides.

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The fact that mediation takes place in Goa does not, merely for that reason, transfer legal jurisdiction from Delhi to Goa.

The competent court connected with the original dispute continues to remain relevant for statutory matters concerning the settlement.

Where Is Mediation Deemed to Have Taken Place?

Where parties conduct mediation outside the territorial jurisdiction of the competent court or tribunal, the Act provides an important legal fiction.

For certain statutory purposes, the mediation is treated as having taken place within the territorial jurisdiction of the competent court or tribunal.

This becomes important particularly in matters relating to:

• enforcement of the mediated settlement agreement;
• challenge to the mediated settlement agreement; and
• registration of the mediated settlement agreement.

Therefore, the physical location chosen for convenience does not necessarily determine where subsequent legal proceedings concerning the settlement must be initiated.

This rule prevents disputes over jurisdiction merely because the mediation meeting happened elsewhere.

Can Mediation Be Conducted Online?

Yes. The Mediation Act, 2023 expressly recognises online mediation.

Under the statutory framework, online mediation may be conducted with the written consent of the parties. Technology can therefore be used to conduct mediation even when the parties, lawyers and mediator are located in different places.

Online mediation may involve:

• video conferencing;
• audio conferencing;
• secure online meeting platforms;
• encrypted electronic mail;
• secure chat rooms; and
• other recognised electronic or computer-based communication systems.

The central requirement is that the procedure must maintain the confidentiality and integrity of the mediation process. The procedure for conducting mediation also reflects the flexible nature of mediation while emphasising fairness, neutrality and confidentiality. 

Why Is Online Mediation Important?

Online mediation has become particularly useful for disputes involving parties located in different cities or countries.

It can reduce:

• travel expenses;
• time spent travelling;
• logistical difficulties;
• scheduling problems; and
• expenses associated with physical mediation facilities.

It may be particularly useful in commercial disputes, consumer disputes, family matters and disputes involving parties carrying on business in different states.

However, technological convenience must not compromise confidentiality, fairness or the voluntary nature of mediation.

Can Mediation Be Conducted at a Court-Annexed Mediation Centre?

Yes. Court-annexed mediation is an important form of mediation in India.

A court-annexed mediation centre is generally a mediation facility established or recognised by a court or tribunal. Cases pending before courts may be referred to such centres where settlement appears possible.

The process of court and tribunal referral to mediation allows disputes already pending before adjudicatory bodies to be referred for an attempt at amicable settlement. 

Court-annexed mediation is different from conducting negotiations privately between parties because the mediation process operates within an institutional framework connected with the judiciary.

Such mediation may take place in:

• designated mediation rooms within court premises;
• separate mediation centres established by courts;
• judicial mediation facilities; or
• other locations authorised under applicable court mediation rules.

The particular location depends on the court or tribunal handling the matter and the mediation framework operating in that jurisdiction.

Can Mediation Take Place at a Private Mediation Centre?

Yes. Mediation may also be conducted through a mediation institution or mediation service provider.

This form is commonly described as institutional mediation. Institutional mediation generally takes place under the administrative framework and procedural rules of a mediation institution. 

Such institutions may assist with:

• appointment of mediators;
• scheduling mediation sessions;
• providing mediation rooms;
• organising online mediation;
• maintaining administrative records; and
• facilitating communication between parties and mediators.

A mediation service provider may also play an important role in the appointment of mediators under the Mediation Act, 2023 where parties require institutional assistance in appointing an appropriate mediator. 

The actual meetings may take place at the institution’s premises, another agreed location or through an online platform.

Institutional mediation is particularly common in commercial and contractual disputes where parties prefer an organised dispute resolution mechanism.

Can Mediation Be Conducted at the Mediator’s Office?

In appropriate cases, mediation may be conducted at the mediator’s office or another agreed professional location.

The essential consideration is whether the place is acceptable to all parties and suitable for conducting confidential discussions.

The location should generally provide:

• sufficient privacy;
• separate areas for private discussions where required;
• a neutral environment;
• suitable communication facilities; and
• adequate arrangements for confidential documents.

The place should not give one party an unfair advantage or create a reasonable perception that the mediator is favouring one side. Neutrality and impartiality are fundamental requirements governing the role and duties of a mediator throughout the mediation process. 

Can Parties Select a Neutral Venue?

Yes. Parties may select a neutral venue where the applicable legal framework permits such an arrangement.

Neutral venues can sometimes improve confidence in the mediation process, especially where parties have serious disagreements regarding location.

For example, two businesses located in different states may choose a third city as the mediation venue to avoid any perception that one party has received a geographical advantage.

A neutral venue can also be useful when the mediator, lawyers and parties are travelling from different locations.

However, choosing a neutral venue should not be confused with creating jurisdiction in that place.

Can Different Mediation Sessions Take Place at Different Locations?

Mediation is generally flexible enough to accommodate different arrangements depending on the circumstances.

The procedure for conducting mediation under the Mediation Act, 2023 allows the process to remain structured while providing sufficient flexibility for discussions and settlement efforts.

A mediator may meet the parties jointly or separately. Private meetings between the mediator and one party are commonly known as caucuses.

Therefore, the process need not function like a court hearing where everyone must remain present at the same location throughout the proceedings.

For example:

• the first session may be conducted physically;
• later sessions may take place online;
• private caucuses may be held separately;
• lawyers may participate remotely; and
• final settlement discussions may take place at another mutually agreed venue.

The important considerations remain consent, procedural fairness and confidentiality.

What Is the Difference Between Place, Venue and Jurisdiction in Mediation?

These terms are often used together but have different meanings.

Place of Mediation

The place of mediation generally refers to the location connected with the mediation proceeding under the applicable legal framework.

Venue of Mediation

The venue is the actual physical or virtual location where mediation sessions are held.

For instance, parties may agree to meet at a mediation centre in another city for convenience.

Territorial Jurisdiction

Territorial jurisdiction determines the geographical limits within which a court can exercise authority over a dispute or related proceeding.

A change in mediation venue does not automatically change territorial jurisdiction.

This distinction becomes particularly important when a mediated settlement agreement later has to be enforced, challenged or registered.

Who Decides Where Mediation Will Take Place?

The place may be determined in different ways depending on how mediation begins.

By Agreement Between the Parties

Parties may specify the place of mediation in their contract or mediation agreement. A mediation agreement records the parties’ intention to resolve specified disputes through mediation and may form part of a wider contract or exist as a separate agreement. 

A commercial agreement, for example, may state that mediation proceedings will be conducted in New Delhi.

By Mutual Agreement After a Dispute Arises

Even if the original contract does not specify a venue, the parties may agree upon one after the dispute arises.

This reflects the principle of party autonomy, under which the disputing parties retain considerable control over the organisation of the mediation process.

Through Institutional Rules

Where an institution administers the mediation, its procedural rules may regulate the location, subject to the parties’ agreement.

Institutional mediation provides an organised administrative structure, while ad hoc mediation gives parties greater direct control over matters such as procedure, venue and scheduling.

Through Court Referral

Where a court refers a dispute to mediation, the referral may direct the parties to a particular court-annexed mediation centre.

The applicable court rules and the terms of the referral order may therefore influence where the mediation sessions are held.

Through Online Mediation

Where parties provide the required consent, physical location may become less significant because the mediation can proceed electronically.

Online mediation is particularly useful where geographical distance would otherwise make physical meetings expensive or difficult.

Factors to Consider While Selecting the Place of Mediation

A suitable mediation venue should support effective and confidential negotiations.

Important considerations include:

• Convenience of the parties: The location should not impose disproportionate travel or logistical difficulties on one side. A venue that is reasonably accessible to all participants can help ensure effective participation.
• Privacy: Mediation discussions are confidential, so the venue should permit discussions without unnecessary interruption or disclosure. Confidentiality encourages parties to participate openly in settlement discussions.
• Neutrality: The location should not create the impression that one party has an unfair advantage. A neutral location may be particularly useful where parties are based in different cities or have an unequal commercial relationship.
• Accessibility: Parties, lawyers, experts and the mediator should be able to participate without unreasonable difficulty. Accessibility may include physical access as well as technological arrangements for remote participation.
• Availability of separate rooms: Private caucuses may require separate spaces for confidential discussions between the mediator and individual parties.
• Technology: Where hybrid participation is contemplated, appropriate video conferencing and communication facilities may be necessary.
• Cost: Travel, accommodation, institutional charges and venue expenses may influence the choice of location. One of the practical advantages of mediation is its potential to reduce the overall cost of dispute resolution.

A practical venue can significantly improve the effectiveness of the mediation process.

What Happens If the Parties Disagree About the Place of Mediation?

If parties cannot agree on a different venue, the default territorial framework under Section 13 becomes relevant once that provision is brought into force.

The statutory text provides that mediation under the Act is to be undertaken within the territorial jurisdiction of the court or tribunal competent to decide the subject matter of the dispute, while allowing a different place where the parties mutually consent. 

Accordingly, the ability to conduct mediation elsewhere depends on mutual consent under this framework.

Where mediation is court-referred or institutionally administered, the applicable rules, referral directions or mediation agreement may also help resolve disagreement regarding the venue.

Is Section 13 of the Mediation Act, 2023 Currently in Force?

An important distinction must be made between a provision that has been enacted by Parliament and one that has actually been brought into force.

The Mediation Act, 2023 permits the Central Government to appoint different commencement dates for different provisions. The notification dated 9 October 2023 brought Sections 1, 3, 26, Sections 31 to 38, Sections 45 to 47, Sections 50 to 54 and Sections 56 to 57 into force. Section 13 was not included in that notification.

India Code presently lists the 9 October 2023 commencement notification and does not show a later notification bringing Section 13 into force. Therefore, as of August 2026, Section 13 should be understood as the statutory framework enacted by Parliament but not yet an operative procedural provision. 

This distinction is important because the place of an actual mediation proceeding may presently be governed by the legal framework applicable to that dispute, including:

• court mediation rules;
• court referral orders;
• contractual mediation clauses;
• institutional mediation rules;
• applicable statutes; and
• agreements between the parties.

Therefore, Section 13 is highly relevant for understanding the legislative framework governing the place of mediation, but its commencement status must be checked before relying on it in legal proceedings.

Conclusion

The place where mediation proceedings can be conducted in India is not governed by the same rigid approach that ordinarily applies to court hearings. Section 13 of the Mediation Act, 2023 provides a flexible framework under which mediation is ordinarily connected with the territorial jurisdiction of the competent court or tribunal, while allowing parties to mutually choose another place or use online mediation.

Mediation may therefore take place at court-annexed centres, institutional facilities, mutually selected neutral locations or through online platforms, depending on the applicable legal framework. At the same time, choosing another venue does not, under the Section 13 framework, alter the jurisdiction relevant to enforcement, challenge or registration of the mediated settlement agreement. The commencement status of Section 13, however, remains important when applying these principles to an actual proceeding.