Arbitration, Mediation and Conciliation · International and Emerging Aspects under Mediation Law

Mediation Council of India: Duties and Functions under Section 38

Updated 11 October 2026 · Fact-checked

Section 38 of the Mediation Act, 2023 lists the duties and functions of the Mediation Council of India in clauses (a) to (o). They cover promoting mediation, registering mediators, recognising institutes and service providers, setting ethical standards, training, and keeping an electronic depository of mediated settlement agreements.

Understand Mediation Council of India: Duties and Functions (Section 38)

The Mediation Act, 2023 creates a regulator for mediation. It is the Mediation Council of India. Section 31 says the Central Government establishes it by notification. It is a body corporate with perpetual succession and a common seal. It can hold property, enter contracts, and sue or be sued. Its head office is at Delhi unless the Central Government notifies another place.

Section 38 is the core provision. It says what the Council must do. Read the 15 clauses in four groups: promotion, regulation of mediators, regulation of institutions, and records and administration.

Promotion: the Council endeavours to promote domestic and international mediation through guidelines, and to develop India as a robust centre for mediation (clauses a and b). It holds trainings, workshops and courses with service providers, law firms, universities and others (clause g). It enters into MoUs or agreements with domestic and international bodies (clause h). It publishes information, data and research studies (clause m).

Mediators: the Council lays down guidelines for continuous education, certification and assessment of mediators by recognised mediation institutes (c). It provides the manner of conduct of mediation proceedings under section 15(1) (d). It provides for registration of mediators and for renewal, withdrawal, suspension or cancellation of registration (e). It lays down standards of professional and ethical conduct of mediators under section 15(3) (f).

Institutions and records: the Council recognises mediation institutes and mediation service providers, and can renew, withdraw, suspend or cancel recognition (i). It specifies the criteria for recognition (j), calls for their information or records (k), and sets their ethical standards (l). It maintains an electronic depository of mediated settlement agreements made in India (n). Clause (o) adds any other function the Central Government assigns.

The Council is not independent of the Government. Under section 47 it is bound by written policy directions from the Central Government, after its views are considered. The Government's decision on whether a question is one of policy is final. Regulations under section 52 need the Government's previous approval.

Key rules to remember

Establishment (Section 31): Central Government + notification → Mediation Council of India (body corporate); Perpetual succession, common seal, can sue and be sued. Head office at Delhi or as notified.
Section 38 clause map: (a)-(b) promote | (c)-(f) mediators | (g)-(h) training and MoUs | (i)-(l) institutes and providers | (m) publish | (n) depository | (o) other; Use this to recall all 15 clauses in an answer.
Composition (Section 32): Chairperson + Members appointed under (b) and (c) + two ex officio Members (Legal Affairs and Expenditure) + CEO as Member-Secretary + one industry representative (Part-Time); Non ex officio Members hold office for four years and are eligible for re-appointment.
Age limits (Section 32(2) proviso): Chairperson: 70 years | other Members: 67 years; Ex officio Members are excluded from this limit.
Policy control (Section 47): Council bound by written policy directions of Central Government; Government's decision on what is policy is final; The Council's views must be considered before a direction is given.
Regulations (Section 52): Council + previous approval of Central Government → regulations by notification; Must be consistent with the Act and rules.

How to solve Mediation Council of India: Duties and Functions (Section 38) questions

Most questions ask you to list functions, explain a few, or apply them to a facts-based scenario. Use the same structure each time.

1Identify what the question asks: list of functions, composition, funding, or a scenario about one function.
2State the provision first: the Mediation Council of India, established under section 31, performs the duties in section 38.
3Group the clauses (promotion, mediators, institutions, records) and list those relevant to the question.
4For a scenario, match the facts to the exact clause, such as registration of mediators under clause (e) or recognition of institutes under clause (i).
5Add the related provision where useful: section 52 for regulations, section 41 for service providers, section 47 for Government control.
6Write a short conclusion that answers the question directly, for example whether the Council has the power in the facts.

Quickest way: Four-group recall for Section 38

When to use it: When you have under five minutes for a short note or list question.

Write the opening line: Council established under section 31, functions in section 38.
List under four labels: Promote, Mediators, Institutions, Records.
Put clause letters next to each point to show precision.
Close with section 47 and section 52 in one line to show Government control.

Common mistakes in Mediation Council of India: Duties and Functions (Section 38)

Saying the Council itself conducts mediation.
The word 'Mediation' in the name suggests it runs the cases.
Fix: The Council regulates and promotes. Mediation service providers provide mediators and facilities under section 41.
Mixing up Section 38 with Section 41.
Both list functions and both involve mediators.
Fix: Section 38 is for the Council. Section 41 is for mediation service providers, which accredit mediators and maintain panels.
Forgetting that the Council recognises institutes and providers.
Students focus only on registering mediators.
Fix: Remember clauses (i) and (j): recognition, its renewal, withdrawal, suspension or cancellation, and criteria. Section 42 also says the Council recognises mediation institutes.
Treating the Council as fully independent.
Regulators are often assumed to be autonomous.
Fix: Cite section 47: it is bound by written policy directions, and regulations under section 52 need prior Government approval.
Omitting the electronic depository of settlement agreements.
It is the last significant clause and easy to skip.
Fix: Include clause (n): the Council maintains an electronic depository of mediated settlement agreements made in India.

Worked examples

Example 1

List the duties and functions of the Mediation Council of India under Section 38 of the Mediation Act, 2023.

Show the solution

Open with the source: the Council is established under section 31 and its duties are in section 38.
Promotion: promote domestic and international mediation through guidelines, develop India as a robust mediation centre, hold trainings and workshops, enter MoUs, and publish information and research.
Mediators: lay down guidelines for continuous education, certification and assessment by recognised institutes; provide the manner of conduct of mediation under section 15(1); register mediators and renew, withdraw, suspend or cancel registration; set ethical standards under section 15(3).
Institutions: recognise mediation institutes and service providers and renew, withdraw, suspend or cancel recognition; specify the criteria; call for their information or records; set their ethical standards.
Records: maintain an electronic depository of mediated settlement agreements made in India.
Residual: any other function assigned by the Central Government.

Answer: The Council promotes mediation, regulates mediators through registration, training and ethics standards, recognises and supervises institutes and service providers, maintains an electronic depository of mediated settlement agreements, and performs functions assigned by the Central Government.

Example 2

Suvarna Mediation Centre, Pune, runs a panel of mediators and wants to be recognised. Later it fails to follow the ethical standards laid down for providers. Advise which authority recognises it and what can happen.

Show the solution

Provision: under section 38(i) the Council recognises mediation institutes and mediation service providers. Clause (j) lets it specify the criteria.
Analysis: Suvarna must meet the criteria specified by the Council to be recognised.
Clause (l) lets the Council lay down ethical and professional standards for institutes and providers. Clause (k) lets it call for their information or records.
Clause (i) also lets the Council renew, withdraw, suspend or cancel recognition.
Conclusion: the Council can seek records from Suvarna and, for non-compliance, can suspend or cancel its recognition. The process must follow the conditions and regulations specified.

Answer: The Mediation Council of India recognises Suvarna. If Suvarna breaches the standards, the Council can call for its records and suspend, withdraw or cancel its recognition under section 38.

Exam tips

Write the clause letters next to each function. It shows you know the section and earns credit.
Group your points under headings so the examiner can see all 15 clauses covered.
In scenario questions, name the exact function used and state the conclusion in one line.
Add section 47 and section 52 when asked about powers or control. Most students miss them.
Keep Section 38 (Council) separate from Section 41 (service providers) in every answer.

Practice questions from International and Emerging Aspects under Mediation Law

Mediation Council of India: Duties and Functions (Section 38) in other exams

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

CS ExecutiveMediators, Mediation Service Providers and Council

Mediation Council of India: Duties and Functions (Section 38): frequently asked questions

What does Section 38 of the Mediation Act, 2023 deal with?

It lists the duties and functions of the Mediation Council of India. These include promoting mediation, registering mediators, recognising institutes and service providers, and maintaining an electronic depository of mediated settlement agreements.

Who sets up the Mediation Council of India?

The Central Government establishes it by notification under section 31. It is a body corporate with perpetual succession and a common seal, and its head office is at Delhi unless another place is notified.

Who are the members of the Council?

Under section 32, it has a Chairperson, two Members appointed by the Central Government with law or research experience, two ex officio Members from the Departments of Legal Affairs and Expenditure, the CEO as Member-Secretary, and one part-time industry representative. Non ex officio Members serve four years and can be re-appointed.

Can the Government direct the Council?

Yes. Under section 47 the Council is bound by written directions on questions of policy, after its views are considered. The Government's decision on whether a question is one of policy is final.