ROLE OF MEDIATION IN COMMERCIAL DISPUTES
AUTHOR – P JANANI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW – THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY
BEST CITATION – P JANANI, ROLE OF MEDIATION IN COMMERCIAL DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 148-157, APIS – 3920 – 0001 & ISSN – 2583-2344.
Introduction
Recently the Ministry of Law & Justice has notified some provisions of the much awaited the Mediation Act, 2023. The Central Minister of Law and Justice, Arjun Ram Meghwal mentioned in Rajya Sabha that the establishment of the Mediation Council of India under section 31 of the Mediation Act, 2023 was under process for institutionalization of the conduct of mediation in the country and One Working Group had been constituted for framing of subordinate legislation under the Act. On October 9, 2023, various provisions of the Mediation Act were brought into force by the Central Government, which inter alia, include provisions relating to : (i) non-applicability of the Mediation Act to the proceedings conducted by Lok Adalat and Permanent Lok Adalat (Section 26); (ii) Mediation Council of India (Section 31 to 38); (iii) Mediation Fund (Section 45 to 47); and (iv) other miscellaneous provisions such as definitions, power to make rules and regulations under the Mediation Act, power to remove difficulties in giving effect to the provisions of the Mediation Act, non-applicability to pending proceedings and transitionary provisions (Section 1, 3, 50 to 54, 56 to 57).