THE MEDIATION ACT, 2023 — A WATERSHED IN ADR: A DOCTRINAL AND COMPARATIVE ANALYSIS
AUTHOR – KAVYA JOHAR, MUCHUKUND & HARSHRAJ CHOUHAN,
STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY
BEST CITATION – KAVYA JOHAR, MUCHUKUND & HARSHRAJ CHOUHAN, THE MEDIATION ACT, 2023 — A WATERSHED IN ADR: A DOCTRINAL AND COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1013-1025, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The Mediation Act, 2023 represents the first comprehensive legislative framework exclusively governing mediation in India. While mediation had previously operated under fragmented statutory provisions — notably Section 89 of the Code of Civil Procedure 1908[1], Section 12A of the Commercial Courts Act 2015[2], and judicially framed mediation rules the absence of a unified statutory regime led to inconsistencies in enforceability, confidentiality, accreditation, and institutional regulation. This paper undertakes a doctrinal analysis of the Mediation Act, 2023 and evaluates whether it constitutes a transformative reform in Indian dispute resolution law. It argues that the Act significantly restructures mediation by institutionalising pre-litigation mediation, codifying confidentiality protections, granting decree-like enforceability to mediated settlements, and establishing a regulatory authority in the form of the Mediation Council of India. However, the paper also contends that certain structural tensions persist, particularly regarding voluntariness in mandatory mediation frameworks, constitutional access to justice concerns, and institutional capacity challenges. By situating the Indian statute within comparative doctrinal frameworks from Singapore, the United Kingdom, and Australia, the paper concludes that the Mediation Act, 2023 is indeed a watershed moment, but its long-term normative success depends upon judicial interpretation and institutional fidelity to party autonomy.
[1] Code of Civil Procedure 1908
[2] Commercial Courts Act 2015, s 12A