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

Overriding Effect of the Mediation Act under Section 55

Updated 11 October 2026 · Fact-checked

Section 55 says the Mediation Act, 2023 prevails over any inconsistent provision on conducting mediation or conciliation in any other law or instrument having force of law. The exception is the enactments listed in the Second Schedule. The Central Government can amend that Schedule by notification. Apply it in three steps: find the conflict, check the Schedule, conclude.

Understand Overriding Effect of the Mediation Act (Section 55)

A country can have many laws that mention mediation or conciliation. Some courts' rules, some statutes and some schemes each lay down their own process. If they all applied together, a party could face conflicting rules on the same mediation. Section 55 solves this by fixing a priority rule.

Section 55(1) opens with a non-obstante clause: the Act has overriding effect "notwithstanding anything inconsistent therewith contained in any other law for the time being in force, and any instrument having force of law". Two points matter. First, the override covers the conduct of mediation or conciliation, not every subject. Second, it applies only to what is inconsistent. If another law says something consistent, there is no conflict to resolve.

The override is made "subject to the enactments mentioned in the Second Schedule". Those listed enactments are carved out. For them, the Mediation Act does not displace their own provisions on mediation or conciliation. You do not need to memorise the list for a written answer. You must know that the Schedule exists and how it works.

Section 55(2) lets the Central Government amend the Second Schedule by notification if it is satisfied that this is necessary or expedient. The amendment takes effect as if the Schedule had been amended accordingly. So the list of exceptions is not fixed forever.

The section also links to others. Section 48 lets the Central or a State Government (or an entity or agency) frame schemes or guidelines where it is a party, and mediation may be conducted under them. Section 56 says the Act does not apply to any mediation or conciliation commenced before the Act came into force. Section 55 therefore operates on mediations the Act actually governs. On the search question about mediation versus conciliation: Section 55 uses both words together and treats them alike for the override. This page does not compare their features.

Key rules to remember

General rule (Section 55(1)): Mediation Act prevails over inconsistent provisions on conduct of mediation or conciliation in any other law or instrument having force of law; Applies only where there is real inconsistency and only to conduct of mediation or conciliation.
Exception: Override is subject to enactments in the Second Schedule; For these enactments the Act does not displace their provisions.
Amendment power (Section 55(2)): Central Government may amend Second Schedule by notification if satisfied it is necessary or expedient; The Schedule is deemed amended on notification.
Related rule (Section 56): Act does not apply to mediation or conciliation commenced before the Act came into force; Check this first for older mediations.
Related rule (Section 48): Government schemes or guidelines may govern mediation where Government or its entity is a party, subject to the Act; Read this alongside Section 55 when a Government body is a party.

How to solve Overriding Effect of the Mediation Act (Section 55) questions

Use this order for any question on the overriding effect of the Act. It keeps your answer in the provision, facts, conclusion format.

1Identify the other law, rule or instrument and the mediation or conciliation provision it contains.
2Check the date. If the mediation commenced before the Act came into force, Section 56 means the Act does not apply.
3Check whether the other enactment is in the Second Schedule. If it is, the override is subject to it.
4Test for inconsistency. Compare what each says on conduct of mediation or conciliation. If they do not conflict, both can operate.
5State Section 55(1): the Act prevails over the inconsistent provision, including any instrument having force of law.
6Mention Section 55(2) if the question refers to changes in the Schedule.
7Conclude clearly in one line applying the rule to the facts.

Quickest way: Three-check shortcut

When to use it: Use when a short-answer or part-question asks whether the Mediation Act or another law governs a mediation.

Date: commenced before the Act? Then Act does not apply.
List: is the other law in the Second Schedule? Then it is saved.
Conflict: is it inconsistent on conduct of mediation or conciliation? Then the Act prevails; otherwise both apply.

Common mistakes in Overriding Effect of the Mediation Act (Section 55)

Saying the Act overrides every other law completely.
Students read 'overriding effect' and ignore the limits in the text.
Fix: Write that it overrides only inconsistent provisions on conduct of mediation or conciliation, subject to the Second Schedule.
Forgetting the Second Schedule exception.
The opening words 'Subject to' are easy to skip.
Fix: Always state that the override is subject to the enactments mentioned in the Second Schedule.
Missing that the Central Government can amend the Schedule.
Students stop after Section 55(1).
Fix: Add Section 55(2): amendment by notification when necessary or expedient, with deemed effect.
Applying the Act to a mediation that began before it came into force.
Students focus on Section 55 and forget Section 56.
Fix: Check the commencement date first. Section 56 excludes earlier mediations or conciliations.
Treating consistent provisions as overridden.
Students assume override means replacement.
Fix: Override operates only on inconsistency. Where there is none, both laws can apply.

Worked examples

Example 1

A statute contains a procedure for conciliation of disputes that conflicts with the procedure for conduct of mediation under the Mediation Act, 2023. The statute is not mentioned in the Second Schedule. Which prevails?

Show the solution

Provision: Section 55(1) gives the Act overriding effect for conduct of mediation or conciliation over inconsistent provisions in any other law.
Facts: the statute's conciliation procedure conflicts with the Act, so there is inconsistency.
Exception check: the statute is not in the Second Schedule, so the carve-out does not apply.
Conclusion: the Mediation Act prevails to the extent of the inconsistency.

Answer: The Mediation Act, 2023 prevails over the inconsistent conciliation procedure, because the statute is not in the Second Schedule.

Example 2

The Central Government is satisfied that it is expedient to add another enactment to the list of exceptions to Section 55. How can it do this, and what is the effect?

Show the solution

Provision: Section 55(2) allows the Central Government to amend the Second Schedule by notification.
Condition: it must be satisfied that the amendment is necessary or expedient.
Effect: on notification the Schedule is deemed amended accordingly.
Result: the newly listed enactment is saved from the override under Section 55(1).

Answer: It can add the enactment by notification under Section 55(2). The Second Schedule is deemed amended, so the Act's override becomes subject to that enactment.

Exam tips

Quote the key words of Section 55(1): 'notwithstanding anything inconsistent therewith' and 'subject to the enactments mentioned in the Second Schedule'.
Always check Section 56 for commencement date before applying the Act.
Link to Section 48 when a Government body is a party and a scheme or guideline exists.
End case answers with a one-line conclusion naming which law prevails and why.
Do not list Schedule enactments unless you are certain; state the principle instead.

Practice questions from International and Emerging Aspects under Mediation Law

Overriding Effect of the Mediation Act (Section 55): frequently asked questions

What does Section 55 of the Mediation Act, 2023 say?

It gives the Act overriding effect over inconsistent provisions on conduct of mediation or conciliation 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 that Schedule by notification.

Does the Mediation Act override all other laws?

No. It overrides only inconsistent provisions about conducting mediation or conciliation. Enactments in the Second Schedule are saved, and consistent provisions are not displaced.

Can the Second Schedule be changed?

Yes. Under Section 55(2) the Central Government can amend it by notification if it is satisfied that this is necessary or expedient. The Schedule is then deemed amended.

Does Section 55 apply to mediations that began before the Act?

No. Section 56 says the Act does not apply to any mediation or conciliation commenced before it came into force. So the override does not reach those proceedings.