The Central government has notified the establishment of Mediation Council of India (MCI) under the Mediation Act, 2023.

The MCI will have its head office at Delhi.

A gazette notification to that effect was issued by the government on August 27.

"In exercise of the powers conferred by sub-section (1) of section 31 of the Mediation Act, 2023 (32 of 2023), the Central Government hereby establishes a Council for the purposes of the said Act, to be called as the Mediation Council of India, which shall have its head office at Delhi," the notification said.

The Mediation Act requires individuals to try and resolve civil or commercial disputes through mediation before resorting to any court or tribunal.

Under the Act, the mediation process is overseen by the MCI. Its responsibilities include registering mediators and recognizing mediation service providers and mediation institutes, which are involved in training and certifying mediators.

Certain disputes are deemed inappropriate for mediation such as those involving criminal prosecution or impacting the rights of third parties. The Central government has the authority to amend this list if needed.

Under the Act, a party will be allowed to withdraw from mediation after two sessions. The mediation process itself should be completed within 180 days, with the possibility of extending it by another 180 days if the parties agree.

In cases where the parties agree, they can appoint any individual as a mediator. If an agreement cannot be reached on the mediator, they can seek the assistance of a mediation service provider which will appoint a mediator from its panel of qualified mediators.

The agreements resulting from successful mediation will be legally binding and enforceable in the same manner as court judgments

[Read Notification]