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

Mediators, Mediation Service Providers and the Mediation Council of India

Updated 11 October 2026 · Fact-checked

Under the Mediation Act, 2023, parties choose a mediator or ask a mediation service provider to appoint one within seven days. Service providers accredit mediators and run the process. The Mediation Council of India, set up under Section 31, regulates mediators, providers and institutes, and keeps a depository of settlement agreements.

Understand Mediators, Mediation Service Providers and Council

The Mediation Act, 2023 sets up three layers. At the first level is the mediator, who helps the parties reach a settlement. At the second level is the mediation service provider, which supplies mediators and the infrastructure. At the top is the Mediation Council of India, which regulates the system.

Start with the mediator. Under Section 8, unless the parties agree otherwise, a person of any nationality may be appointed. A mediator of foreign nationality must have the qualification, experience and accreditation that the regulations specify. The parties are free to agree on the mediator's name and on how the appointment is made.

If the parties cannot agree, the party seeking mediation applies to a mediation service provider. The provider must appoint a mediator within seven days. It appoints either the person the parties agreed on, or a mediator from its own panel, with that person's consent. A person appointed as the agreed mediator must tell the provider within seven days whether he is willing to act.

Next, the mediation service provider. Section 40 says it includes a body recognised by the Council, a Legal Services Authority under the Legal Services Authorities Act, 1987, a court-annexed mediation centre, and any other body the Central Government notifies. The last three are deemed to be recognised by the Council. Mediation institutes are recognised by the Council under Section 42.

Finally, the Council. It is a body corporate with perpetual succession and a common seal, and it can sue and be sued. It makes regulations with the previous approval of the Central Government. In an exam, link each body to its source section and its functions.

Key rules to remember

Appointment of mediator (Section 8): Parties agree on the name and procedure; failing agreement, apply to a mediation service provider; provider appoints within 7 days; The provider appoints either the mediator agreed by the parties or a mediator from its panel, with his consent. The agreed person must communicate willingness within 7 days of receiving the communication of appointment.
Nationality of mediator (Section 8(1)): Any nationality, unless parties agree otherwise; foreign national must have specified qualification, experience and accreditation; Do not say that only Indians can be mediators.
Mediation service provider (Section 40): Council-recognised body, Legal Services Authority, court-annexed mediation centre, or any body notified by the Central Government; The last three are deemed recognised by the Council.
Functions of a provider (Section 41): Accredit mediators and maintain a panel; provide mediators; provide facilities and secretarial assistance; promote ethical conduct; facilitate registration of settlement agreements under Section 20; other specified functions; Six functions, (a) to (f).
Establishment of Council (Section 31): Mediation Council of India; body corporate; perpetual succession; common seal; head office at Delhi or as notified; Established by the Central Government by notification. It may set up offices in India and abroad in consultation with the Central Government.
Composition of Council (Section 32): Chairperson + 2 appointed Members + Secretary, Legal Affairs (or representative not below Joint Secretary) + Secretary, Expenditure (same) + CEO as Member-Secretary + 1 part-time industry representative; The two Secretaries and the CEO are ex officio. Term of other members is four years with eligibility for re-appointment. Age limit is 70 years for the Chairperson and 67 years for other Members.
Validity of Council acts (Section 33): No act is invalid merely because of a vacancy, a defect in constitution or appointment, or a procedural irregularity not affecting the merits; Learn the three grounds.
Other Council provisions: Experts and committees (Section 36); CEO and Secretariat (Section 37); Mediation Fund (Section 45); regulations (Section 52); The CEO is responsible for day-to-day administration and implementing the Council's decisions.

How to solve Mediators, Mediation Service Providers and Council questions

Use this method for any question on mediators, providers or the Council.

1Identify which body the question is about: the mediator, the mediation service provider, a mediation institute or the Council.
2Note the facts that matter: whether the parties agreed on a mediator, the time taken, the nationality of the mediator, or the type of body involved.
3State the provision in plain words with the section number, for example Section 8 for appointment or Section 41 for provider functions.
4Apply it to the facts. Check time limits (seven days), consent of the mediator, and whether the body is deemed recognised.
5For Council questions, list composition or functions in an orderly way and group the functions into themes such as promotion, regulation, training and records.
6Close with a clear conclusion that answers exactly what was asked.

Quickest way: Three-bucket recall

When to use it: Use it when you have limited time and the question asks you to list functions, composition or appointment rules.

Put each point in a bucket: Mediator (Section 8), Provider (Sections 40-41), Council (Sections 31-38, 45, 52).
For the Council, write the composition as 'Chairperson, two Members, two ex officio Secretaries, CEO, one industry member'.
For functions, give four or five main ones with the section number and say the Act lists more.
Write one line of conclusion linking the answer to the facts.

Common mistakes in Mediators, Mediation Service Providers and Council

Saying only an Indian citizen can be a mediator.
Students assume a domestic Act restricts nationality.
Fix: Section 8(1) allows a person of any nationality unless parties agree otherwise. A foreign national must meet the specified qualification, experience and accreditation.
Stating the wrong time limit for appointment.
Students mix up the several periods in the Act.
Fix: Under Section 8, the provider appoints within seven days of the application, and the agreed person communicates willingness within seven days of receiving the communication.
Treating every service provider as needing Council recognition.
Section 40(2) says providers are recognised by the Council, and students stop reading there.
Fix: The proviso to Section 40(1) deems Legal Services Authorities, court-annexed mediation centres and notified bodies to be recognised already.
Mixing up the functions of the Council and of the provider.
Both deal with mediators and conduct standards.
Fix: The Council registers mediators, recognises providers and institutes, and lays down standards (Section 38). The provider accredits mediators, keeps a panel and gives facilities (Section 41).
Listing the Council composition incorrectly.
Students forget which members are ex officio.
Fix: The two Secretaries (Legal Affairs and Expenditure) and the CEO are ex officio. The industry representative is a part-time member.
Saying a vacancy in the Council invalidates its decisions.
Students apply general quorum ideas.
Fix: Section 33 says no act is invalid merely because of a vacancy, a defect in constitution or appointment, or a procedural irregularity not affecting the merits.

Worked examples

Example 1

Ravi and Meera, two Indian business partners, have a dispute and want mediation. They cannot agree on a mediator. Explain how a mediator will be appointed under the Mediation Act, 2023.

Show the solution

Provision: Under Section 8(2), parties are free to agree on the mediator's name and the procedure for appointment.
Facts: Ravi and Meera have not reached agreement.
Under Section 8(3), the party seeking mediation must apply to a mediation service provider for the appointment of a mediator.
Under Section 8(4), the provider must, within seven days of the application, appoint a mediator from the panel maintained by it, with that mediator's consent, since the parties could not agree.
Conclusion.

Answer: The party who wants mediation applies to a mediation service provider. Within seven days the provider appoints a mediator from its panel, with the mediator's consent, under Section 8.

Example 2

Describe the composition of the Mediation Council of India and state whether its decisions are invalid if one Member's post is vacant.

Show the solution

Provision: Section 31 establishes the Council by notification as a body corporate with perpetual succession and a common seal.
Composition under Section 32(1): a Chairperson; two Members appointed by the Central Government, one with knowledge of mediation or ADR law and one an eminent person in research or teaching in the field.
Two ex officio Members: the Secretary, Department of Legal Affairs, and the Secretary, Department of Expenditure, or their representatives not below Joint Secretary.
The Chief Executive Officer is Member-Secretary, ex officio, and one representative of a recognised body of commerce and industry is a part-time Member.
Term: members other than ex officio hold office for four years and are eligible for re-appointment. The age limits are 70 years for the Chairperson and 67 years for other Members.
Vacancy: Section 33 says no act or proceeding is invalid merely because of a vacancy or defect in the constitution of the Council.

Answer: The Council has a Chairperson, two appointed Members, two ex officio Secretaries, the CEO as Member-Secretary and one part-time industry representative. A vacancy does not invalidate its decisions, by Section 33.

Exam tips

Write the section number with every point. Examiners reward the provision, the analysis and a clear conclusion.
Learn the seven-day periods in Section 8 and keep the two apart.
For a list-type question, group the Council's functions in Section 38 into themes so you can recall them fast.
When a question mentions a court-annexed mediation centre or Legal Services Authority, mention that it is deemed to be a recognised provider.
Keep the Council, provider and institute roles distinct. Say who does what.

Practice questions from Law relating to Arbitration, Mediation and Conciliation

Mediators, Mediation Service Providers and Council in other exams

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

CS ProfessionalMediation Service Providers and Mediation Council of India

Mediators, Mediation Service Providers and Council: frequently asked questions

What is the Mediation Council of India?

It is a body corporate established by the Central Government under Section 31 of the Mediation Act, 2023. It promotes mediation, registers mediators, recognises providers and institutes, and keeps an electronic depository of mediated settlement agreements.

Who appoints the mediator under the Mediation Act, 2023?

The parties may agree on the mediator and the procedure. If they do not agree, the party seeking mediation applies to a mediation service provider, which appoints a mediator within seven days under Section 8.

What are the functions of a mediation service provider?

Under Section 41, it accredits mediators and maintains a panel, provides mediators and facilities, promotes ethical conduct and facilitates registration of settlement agreements under Section 20. It also performs other specified functions.

Are court-annexed mediation centres recognised by the Council?

Yes. Under the proviso to Section 40(1), Legal Services Authorities, court-annexed mediation centres and bodies notified by the Central Government are deemed to be mediation service providers recognised by the Council.