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Mediation Council of India Established | The Legal Observer

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The Mediation Council of India has been established under the Mediation Act, 2023, with its head office in Delhi to strengthen mediation in India.

The Centre has formally established the Mediation Council of India under the Mediation Act, 2023, marking an important step towards strengthening India’s institutional mediation framework.

The Central Government has notified the establishment of the Mediation Council of India (MCI) under the Mediation Act, 2023, with its head office in Delhi.

The Ministry of Law and Justice, Department of Legal Affairs, issued the Gazette notification on August 27, 2026, exercising powers under Section 31(1) of the Mediation Act, 2023. The notification formally constitutes the Council for carrying out the purposes of the legislation.

The notification states that the Central Government, exercising the powers conferred by Section 31(1), has established a Council to be known as the Mediation Council of India, which will have its head office at Delhi.

Institutional Framework Under the Mediation Act

The establishment of the MCI gives institutional shape to the mediation framework contemplated by the 2023 legislation. Section 31 of the Act provides for the establishment and incorporation of the Council and envisages it as a body corporate with perpetual succession and a common seal.

The Act also permits the Council, in consultation with the Central Government, to establish offices at other locations in India and abroad. This provides scope for the institution to develop a wider operational presence as India’s mediation ecosystem expands.

The Council is expected to have a Chairperson, members, ex-officio members, a Member-Secretary and a part-time member, as prescribed under the Act. Members other than ex-officio members are generally appointed for a four-year term, subject to the statutory conditions relating to reappointment and age.

Key Responsibilities of the Council

The MCI has been envisaged as a central institution for promoting and regulating various aspects of mediation in India. Its responsibilities include developing guidelines to promote domestic and international mediation and working towards establishing India as a robust centre for dispute resolution through mediation.

The Council will also have an important role in setting standards relating to the education, certification and assessment of mediators. It can provide for the registration of mediators and prescribe conditions for renewal, suspension or cancellation of registration.

Another significant responsibility concerns mediation institutions and service providers. The Council will be empowered to recognise such institutions and providers and establish standards for their professional and ethical functioning. It may also facilitate training programmes, workshops and courses in collaboration with universities, law firms and other stakeholders.

Strengthening India’s Mediation Culture

The Mediation Act, 2023 was enacted with the broader objective of promoting mediation as an effective mechanism for resolving disputes without prolonged litigation. It covers institutional mediation, pre-litigation mediation, online mediation and community mediation, among other forms of dispute resolution.

A successful mediation can enable parties to reach a mutually acceptable settlement while avoiding the time, expense and adversarial nature often associated with court proceedings. The Act also provides a statutory framework for the enforceability of mediated settlement agreements.

The creation of the MCI is therefore significant not merely as an administrative development but as an institutional step towards building greater confidence in mediation. By establishing standards for mediators and service providers and encouraging professional training, the Council could contribute to making mediation more consistent and accessible.

Road Ahead

The notification of the Mediation Council of India marks a significant development in the implementation of the Mediation Act, 2023. Its effectiveness will ultimately depend on how efficiently the Council performs its regulatory, educational and developmental functions.

As India’s legal system continues to explore mechanisms for reducing the burden of litigation, the MCI could play an important role in promoting a stronger culture of negotiated dispute resolution.

For more updates on legal developments, readers can follow The Legal Observer and its National News section. Further legal discussions and updates are also available through the publication’s YouTube channel.

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