Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

Community Mediation, Online Mediation and Consequential Amendments under the Mediation Act, 2023

Updated 11 October 2026 · Fact-checked

Community mediation settles local peace and harmony disputes through a panel of three community mediators. Online mediation uses electronic means, needs the parties' written consent and must protect integrity and confidentiality. Section 61 of the Mediation Act, 2023 amends the Arbitration and Conciliation Act, 1996 as set out in the Sixth Schedule.

Understand Community Mediation, Online Mediation and Consequential Amendments

Mediation is a process where a neutral third person helps parties reach their own settlement. The Mediation Act, 2023 gives this process a statutory frame. This topic covers three pieces of that frame: community mediation, online mediation and the changes made to the Arbitration and Conciliation Act, 1996.

Community mediation deals with disputes that affect peace, harmony and tranquillity among residents or families of an area or locality. Under section 44, it is conducted by a panel of three community mediators. They devise a suitable procedure and try to help the parties settle amicably. The settlement is for keeping peace in the locality. It is not enforceable as a judgment or decree of a civil court. That last point is the one examiners like to test.

Online mediation is covered by section 30. It may include pre-litigation mediation and may be held at any stage of mediation under the Act. It needs the written consent of the parties. It can use encrypted email, secure chat rooms, or video or audio conferencing. The process must keep the integrity of proceedings and confidentiality at all times. The mediator may take appropriate steps for this. Mediation communications in online mediation must also ensure confidentiality.

Consequential amendments connect the new Act to older laws. Section 61 of the Mediation Act says the Arbitration and Conciliation Act, 1996 is amended in the manner specified in the Sixth Schedule. Do not confuse it with section 61 of the 1996 Act, which is the first section of Part III on conciliation. That section applies to conciliation of disputes arising out of a legal relationship, contractual or not, unless the parties agree otherwise. It does not apply where a law says certain disputes cannot be submitted to conciliation.

Section 55 of the Mediation Act gives the Act overriding effect for the conduct of mediation or conciliation, notwithstanding anything inconsistent in any other law or instrument having force of law. This is subject to the enactments in the Second Schedule. The Central Government may amend the Second Schedule by notification.

Key rules to remember

Community mediation panel: Community mediation = panel of 3 community mediators (section 44(1)); The panel devises its own suitable procedure. It refers to the panel under section 43(3).
Community mediation settlement: Settlement = written + signed by parties + authenticated by community mediators; not enforceable as a civil court judgment or decree (section 44(3) and (4)); Purpose is peace, harmony and tranquillity among residents or families of a locality. Registration follows section 20 mutatis mutandis.
No settlement in community mediation: Non-settlement report to the Authority or the District Magistrate or the Sub-Divisional Magistrate, and to the parties (section 44(3)); Written as 'may be submitted' in the text.
Online mediation: Written consent of parties + any stage + integrity and confidentiality maintained (section 30); Includes pre-litigation mediation. Tools include encrypted email, secure chat rooms, video or audio conferencing.
Amendment of the 1996 Act: Mediation Act, 2023, section 61: Arbitration and Conciliation Act, 1996 amended as specified in the Sixth Schedule; Do not mix with section 61 of the 1996 Act, which is about application and scope of conciliation.
Overriding effect: Mediation Act prevails for mediation or conciliation, subject to the Second Schedule enactments (section 55(1)); The Central Government may amend the Second Schedule by notification (section 55(2)).

How to solve Community Mediation, Online Mediation and Consequential Amendments questions

Use this method for any question on community mediation, online mediation or the amendment of the 1996 Act.

1Identify which Act the question is about: the Mediation Act, 2023 or the Arbitration and Conciliation Act, 1996. Section 61 exists in both with different meanings.
2State the provision in plain words with the section number, such as section 44 for community mediation or section 30 for online mediation.
3List the conditions: for community mediation, the panel of three and the peace-and-harmony purpose; for online mediation, written consent and confidentiality.
4Apply the conditions to the facts given. Check each one, such as whether consent is written and whether the panel has three members.
5Address enforceability if asked. A community mediation settlement is not enforceable as a civil court judgment or decree.
6Close with a clear conclusion that answers the exact question asked.

Quickest way: Three-point recall: panel, consent, schedule

When to use it: Use when you have little time and the question asks for a short note or a direct provision.

Community mediation: think 'three mediators, local peace, not a decree'.
Online mediation: think 'written consent, any stage, confidentiality'.
Amendment: think 'section 61, Sixth Schedule, 1996 Act'. Add section 55 for overriding effect if the question asks about conflict with other laws.
Write the section number next to each point and finish with a one-line conclusion.

Common mistakes in Community Mediation, Online Mediation and Consequential Amendments

Confusing section 61 of the Mediation Act, 2023 with section 61 of the Arbitration and Conciliation Act, 1996.
Both sections have the same number and both relate to conciliation or mediation themes.
Fix: Remember that the Mediation Act section 61 amends the 1996 Act through the Sixth Schedule. The 1996 Act section 61 deals with application and scope of conciliation.
Saying a community mediation settlement can be enforced like a decree.
Students assume every mediated settlement has the same force.
Fix: Section 44(4) says a settlement under community mediation is for maintaining peace and harmony and is not enforceable as a judgment or decree of a civil court.
Writing that community mediation is conducted by one mediator or by any number of mediators.
Students generalise from ordinary mediation.
Fix: Section 44(1) requires a panel of three community mediators.
Treating online mediation as allowed without consent, or with oral consent.
Online tools feel informal, so students skip the condition.
Fix: Section 30(1) requires the written consent of the parties.
Ignoring confidentiality and integrity in an answer on online mediation.
Students describe only the technology.
Fix: Always add section 30(3) and (4): integrity of proceedings and confidentiality must be maintained at all times.
Forgetting the Second Schedule exception to overriding effect.
Students remember 'overriding effect' and drop the opening words.
Fix: Write that section 55(1) operates subject to the enactments in the Second Schedule.

Worked examples

Example 1

Residents of a housing society in Pune have a long-running dispute over shared access and noise, which is hurting peace in the locality. They approach community mediation. Explain who conducts it and whether the resulting settlement can be executed as a civil court decree.

Show the solution

Provision: Section 44 of the Mediation Act, 2023 governs the procedure for community mediation.
Who conducts it: Under section 44(1), it is conducted by a panel of three community mediators, who devise a suitable procedure and try to help the parties settle amicably under section 44(2).
Settlement: If agreement is reached, it may be reduced into writing, signed by the parties and authenticated by the community mediators. A copy goes to the parties.
Purpose: Section 44(4) states such a settlement is for maintaining peace, harmony and tranquillity among residents or families of an area or locality.
Enforceability: The same sub-section says it is not enforceable as a judgment or decree of a civil court.

Answer: The dispute is handled by a panel of three community mediators under section 44. The written, signed and authenticated settlement serves peace and harmony in the locality but cannot be enforced as a civil court judgment or decree.

Example 2

Rohan Traders and Sundaram Pvt. Ltd. are in different cities. They want to mediate by video conference and the mediator proposes to start on an oral assurance from both. Advise whether this is valid under the Mediation Act, 2023.

Show the solution

Provision: Section 30 permits online mediation, including pre-litigation mediation, at any stage of mediation under the Act.
Tools: Video or audio conferencing, encrypted email and secure chat rooms are all permitted modes.
Condition: Section 30(1) requires the written consent of the parties. An oral assurance does not meet this.
Safeguards: Under section 30(3) and (4), integrity of proceedings and confidentiality must be maintained, and the mediator may take suitable steps for this.
Conclusion: Video conferencing is allowed, but the mediator must first obtain written consent.

Answer: Online mediation by video is permitted under section 30, but starting on oral assurance is not valid. Written consent from both parties is required, and confidentiality and integrity must be kept throughout.

Exam tips

Write the section number with every point: section 44 for community mediation, section 30 for online mediation, section 55 for overriding effect.
In a short note, lead with the definition and purpose, then give the conditions, then the enforceability point.
Flag the two different section 61 provisions in one line if the question mentions the amendment of the 1996 Act. It shows precision.
For a problem question, use the provision, facts, conclusion format and keep the conclusion to one or two lines.
If asked for the difference between mediation and conciliation, compare the neutral's role, the governing Act and the enforceability of the outcome, and keep to what you have studied in the chapter.

Practice questions from Law relating to Arbitration, Mediation and Conciliation

Community Mediation, Online Mediation and Consequential Amendments in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ProfessionalEmerging Trends: Online Mediation and Community Mediation

Community Mediation, Online Mediation and Consequential Amendments: frequently asked questions

Who conducts community mediation under the Mediation Act, 2023?

Section 44 says it is conducted by a panel of three community mediators. They devise a suitable procedure and help the parties resolve the dispute amicably.

Is a community mediation settlement enforceable in court?

No, not as a judgment or decree of a civil court. Section 44(4) says the settlement is meant to maintain peace, harmony and tranquillity among residents or families of a locality.

Is consent needed for online mediation?

Yes. Section 30(1) requires the written consent of the parties. Online mediation can be held at any stage and includes pre-litigation mediation.

What does section 61 of the Mediation Act, 2023 do?

It amends the Arbitration and Conciliation Act, 1996 in the manner specified in the Sixth Schedule. It is a different provision from section 61 of the 1996 Act, which deals with the application and scope of conciliation.

Does the Mediation Act override other laws on mediation or conciliation?

Section 55(1) gives it overriding effect for the conduct of mediation or conciliation, notwithstanding inconsistent provisions in other laws. This is subject to the enactments in the Second Schedule.