**Executive Summary**
This document contains the answer given by the Minister of State in the Ministry of Law and Justice to Unstarred Question No. 2423 regarding the Mediation Council of India (MCI), to be answered on February 13th, 2026. It addresses the progress, measures, government proposals, and standardization steps related to the operationalization of the Mediation Council of India (MCI), Community Mediation, and Online Dispute Resolution (ODR) mechanisms. Key action items relate to the establishment of the Mediation Council of India and the notification of relevant provisions of the Mediation Act.
**Key Points / Main Content**
* **Mediation Act 2023 Framework:**
* The Mediation Act, 2023, provides the statutory framework for mediation, particularly institutional mediation.
* Section 1(3) of the Act has been partially notified via gazette notification on October 9, 2023.
* **Mediation Council of India (MCI) Rules:**
* The Mediation Council of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members) Rules, 2024 were notified on June 13, 2024.
* The Mediation Council of India (Traveling and other Allowances for Part-time Chairperson and Part-time Members) Rules, 2024 were notified on June 13, 2024.
* The Mediation Council of India (Forms and Manner of Annual Statement of Accounts) Rules, 2024 were notified on June 13, 2024.
* **Mediation Council of India (MCI) Composition:**
* Section 32 of the Mediation Act, 2023, outlines the MCI as a seven-member body.
* Composition includes a Chairperson, members with experience in law, research, and alternative dispute resolution, three ex-officio members, and a representative from commerce and industry.
* Representatives from commerce and industry and the Secretary of the Department of Expenditure have been nominated, but the Chairperson and other members are yet to be appointed.
* **Mediation Service Providers and Institutes:**
* Chapter IX of the Mediation Act, 2023, focuses on Mediation Service Providers and Institutes.
* Section 40 enables MCI to recognize mediation service providers.
* Section 42 enables MCI to recognize mediation institutes.
* **Community Mediation:**
* Section 44 allows community mediators to devise suitable procedures for dispute resolution.
* The Central Government has no direct role in community mediation.
* **Online Dispute Resolution (ODR):**
* Section 30 states that online mediation should be conducted as per MCI regulations.
* **Pending Establishment and Notification:**
* Provisions related to Mediation Service Providers, Mediation Institutes and Online Dispute Resolution have not been notified.
* The Mediation Council of India is yet to be established.
**Impact Analysis**
**Mediation Council of India (MCI)**
* **Impact:** The document provides updates on the operationalization and composition of the MCI, outlining its role in recognizing mediation service providers and institutes, and in regulating online mediation.
* **Action Required:** Need to expedite the appointment of the Chairperson and other members to fully establish the MCI.
**Mediation Service Providers and Institutes**
* **Impact:** The document outlines provisions for their recognition and operation under the Mediation Act.
* **Action Required:** Await the notification of provisions and the establishment of the MCI to become recognized.
**Community Mediators**
* **Impact:** The document clarifies their role in resolving disputes through community mediation and confirms that there is no role envisaged for the Central Government in this regard.
* **Action Required:** Develop suitable procedures for community mediation.
**Stakeholders adopting Statutory Framework for Mediation**
* **Impact:** All stakeholders adopting the framework will have to adhere to the guidelines to establish a robust and efficacious mediation ecosystem.
* **Action Required:** Implement the policies and statutory frameworks as they are implemented.
Key Entities Referenced
Mediation Act, 2023: Law that lays down the statutory framework for mediation to be adopted by parties to a dispute.
Mediation Council of India: A body established under the Mediation Act, 2023, responsible for regulating and promoting mediation in India.
Ministry of Law and Justice: The ministry responsible for matters relating to law and justice, including the Mediation Act and the Mediation Council of India.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF LEGAL AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO. 2423
TO BE ANSWERED ON FRIDAY, THE 13TH FEBRUARY, 2026
MEDIATION COUNCIL OF INDIA
2423. SHRI BRIJMOHAN AGRAWAL:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the progress made towards the operationalization of the Mediation Council of India (MCI),
including the current status of key appointments;
(b) the measures taken to ensure the continued recognition and quality assurance of mediation
service providers and training institutes during the transitional phase;
(c) whether the Government proposes any interim guidelines to facilitate 'Community
Mediation' through District Legal Services Authorities to ensure rural access, if so, the details
thereof; and
(d) the steps being taken to standardize Online Dispute Resolution (ODR) mechanisms and the
expected timeline for the full functioning of the Council?
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW
AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF
PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a): The Mediation Act, 2023, lays down the statutory framework for mediation to be adopted
by parties to a dispute, especially institutional mediation, wherein various stakeholders have
also been identified to establish a robust and efficacious mediation ecosystem in the country.
As provided under section 1 (3) of the Mediation Act, 2023, some provisions of the Act have
been notified vide gazette notification dated 09.10.2023. Pursuant thereto various rules
as required to be framed under the Mediation Act, 2023, being the Mediation Council of India
(Salary, Allowances and other Terms and Conditions of Service of Chairperson and Members)
Rules, 2024, Mediation Council of India (Traveling and other Allowances for Part-time
Chairperson and Part-time Members) Rules, 2024 and Mediation Council of India (Forms and
Manner of Annual Statement of Accounts) Rules, 2024, have been notified on 13.06.2024.
1Section 32 of the Mediation Act, 2023, envisages Mediation Council of India as a seven
member body including a Chairperson, one member having experience in law related to
mediation or alternative dispute resolution, one member having experience in research or
teaching in the field of mediation and alternative dispute resolution laws, three ex-officio
members and one representative of a recognized body of commerce and industry. One
representative each of a recognized body of commerce and industry and Secretary Department
of Expenditure have been nominated to the Council. The Chairperson and other Members of
the Mediation Council of India are yet to be appointed.
(b) to (d): Chapter IX of the Mediation Act, 2023, contains novel provisions relating to
Mediation Service Providers and Mediation Institutes, wherein Section 40 enables Mediation
Council of India to recognise mediation service providers and Section 42 enables Mediation
Council of India to recognise mediation institutes. Similarly, as per section 44 of the Act,
community mediators can devise suitable procedure for the purpose of resolving disputes
through community mediation and there is no role envisaged for the Central Government in
this regard. Also, as per Section 30 of the Act, online mediation is to be conducted in
accordance with the manner specified by the Mediation Council of India by way of regulations.
These provisions however have not been notified and the Mediation Council of India is yet to
be established.
****
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