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Arbitration, Mediation and Conciliation · Mediation: An Introduction and its Process along with Rules

Conduct of Mediation Process under Section 15, Mediation Act 2023

Updated 11 October 2026 · Fact-checked

Section 15 of the Mediation Act, 2023 says how a mediation is run. The process follows the manner specified by regulations. The mediator acts independently, neutrally and impartially, is guided by objectivity and fairness, protects voluntariness, confidentiality and self-determination, may meet parties jointly or separately, and is not bound by the CPC or the Evidence Act.

Understand Conduct of Mediation Process (Section 15)

Mediation is a voluntary process where a neutral person helps parties reach their own settlement. Section 15 is the section that sets the ground rules for how the mediator runs that process.

Start with the mediator's stance. Under section 15(2), the mediator assists the parties in an independent, neutral and impartial manner. Under section 15(3), the mediator is guided by objectivity and fairness and must protect the voluntariness, confidentiality and self-determination of the parties. The mediator must also follow the standards of professional and ethical conduct as specified.

Next, the method. Section 15(1) says the process is conducted in the manner specified. Section 38(d) gives this task to the Mediation Council of India, and section 52(2)(b) allows regulations on it. Section 15(4) gives the mediator flexibility. The mediator may take measures suited to the case, including meeting parties or participants jointly or separately, as often as the mediator thinks fit. The purpose is to convene the mediation, to run it in an orderly and timely way, and to maintain its integrity.

Then, the freedom from formal procedure. Under section 15(5), the mediator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. Under section 15(6), the mediator, with the consent of the parties, decides the language or languages used.

For the stages, read section 15 with its neighbours. Appointment is in section 8, commencement in section 14, the mediator's role in section 16, the time limit in section 18, and termination in section 24. Together they give the sequence: commencement, appointment, sessions, and termination by settlement, declaration, opt-out or time-limit expiry. Note that the time limit is 120 days, extendable by up to 60 days, not 180 days as many students search. The 180 days is only the total of the two periods.

Key rules to remember

Conduct of mediation (section 15(1))
Process conducted in the manner as may be specified
Detailed manner is left to regulations, which the Council makes under sections 38(d) and 52(2)(b).
Mediator's stance (section 15(2) and (3))
Independent + neutral + impartial; guided by objectivity and fairness; protects voluntariness, confidentiality and self-determination
Learn the three protected values by heart. They are the favourite short-answer point.
Meetings (section 15(4))
Mediator may meet parties or participants jointly or separately, as frequently as deemed fit
Meetings are for convening the mediation and, during it, for orderly and timely conduct and to maintain integrity.
Procedural law (section 15(5))
Mediator not bound by CPC, 1908 or Indian Evidence Act, 1872
This does not remove the duty of fairness. It only removes formal procedure and evidence rules.
Language (section 15(6))
Mediator, with consent of parties, decides the language(s)
Parties' consent is needed.
Time limit (section 18)
120 days from date fixed for first appearance; extension by agreement of parties up to a further 60 days
The extension must be agreed by the parties and cannot exceed 60 days.
Appointment (section 8)
Parties agree on mediator; otherwise apply to a mediation service provider, which appoints within 7 days
A person appointed as agreed must communicate willingness within 7 days of receiving the communication of appointment.
Commencement (section 14)
(a) Existing mediation agreement: date a party receives notice; (b)(i) mediator of parties' choice: date mediator consents; (b)(ii) application to a provider: date of appointment of mediator
Commencement date depends on how the mediation began.
Termination (section 24)
Signing and authentication of settlement agreement; mediator's written declaration; party's written opt-out; expiry of section 18 time limit
Four modes, each on a specific date.

How to solve Conduct of Mediation Process (Section 15) questions

Use this order for any case-based question on conduct of mediation. Tie each conclusion to the facts and a provision.

  1. 1Identify what the question tests: a stage (appointment, commencement, sessions, termination), the mediator's conduct, or the time limit.
  2. 2Find the trigger facts: how the mediation began, who appointed the mediator, dates, and what the mediator did.
  3. 3State the rule in plain words with the section: 15 for conduct, 8 for appointment, 14 for commencement, 16 for role, 17 for other proceedings, 18 for time, 24 for termination.
  4. 4Apply the rule to each fact. Check each act of the mediator against neutrality, voluntariness, confidentiality and self-determination.
  5. 5For time questions, count from the date fixed for the first appearance, then add any agreed extension up to 60 days.
  6. 6Conclude clearly: valid or not, permitted or not, terminated or continuing, and on which date.
  7. 7Add one practical point, such as recording consent to language or extension in writing.

Quickest way: Stage-and-section map

When to use it: Use when you have little time and the question asks you to describe the process or the mediator's powers.

  1. Write the stages as a line: commencement (14), appointment (8), sessions (15), role (16), time limit (18), termination (24).
  2. Under sessions, list the five points of section 15: manner as specified, independent and impartial, guided by fairness and protecting three values, flexible meetings, free of CPC and Evidence Act.
  3. Add the two limits on the mediator: no imposing a settlement (16) and no acting as arbitrator, counsel or witness (17).
  4. Close with the 120 plus 60 day time limit and the four modes of termination.

Common mistakes in Conduct of Mediation Process (Section 15)

  • Stating the time limit as 180 days from the start.

    Students add 120 and 60 and treat the total as the base period. Many also search for it as 180 days.

    Fix: Say 120 days from the date fixed for the first appearance before the mediator, extendable by agreement for a further period not exceeding 60 days.

  • Saying the mediator must follow the CPC and the Evidence Act.

    Students confuse mediation with court or arbitral procedure.

    Fix: Section 15(5) says the mediator is not bound by either. Fairness and the stated principles still apply.

  • Forgetting one of the three protected values.

    The values sound alike, so students drop one.

    Fix: Use the trio: voluntariness, confidentiality, self-determination. Write all three whenever you quote section 15(3).

  • Saying the mediator cannot meet a party alone.

    Students assume neutrality means only joint meetings.

    Fix: Section 15(4) allows joint or separate meetings, as often as the mediator thinks fit, for orderly and timely conduct and to maintain integrity.

  • Giving the wrong commencement date.

    Section 14 has three different triggers and students mix them.

    Fix: Match the fact: notice received for an existing mediation agreement, mediator's consent for a mediator chosen by the parties, or date of appointment when a provider appoints.

  • Treating the mediator as a decision maker.

    Students carry over ideas from arbitration.

    Fix: The mediator only facilitates and must tell the parties this expressly under section 16(2). The mediator cannot impose a settlement.

Worked examples

Example 1

Aarav Textiles Ltd and Bharat Dyes Pvt Ltd refer a supply dispute to mediation. The mediator, Ms Nair, meets Aarav's representative alone twice, uses English after both parties agree, and refers to no CPC procedure. Bharat objects that the process is irregular. Advise.

Show the solution
  1. Issue: whether separate meetings, choice of language and ignoring the CPC breach section 15.
  2. Rule: section 15(4) allows the mediator to meet parties jointly or separately, as frequently as deemed fit, to convene the mediation and for its orderly and timely conduct and integrity.
  3. Rule: section 15(6) lets the mediator, with the consent of the parties, decide the language. Section 15(5) says the mediator is not bound by the CPC or the Evidence Act.
  4. Apply: separate meetings are permitted. English was used with both parties' consent. Not following the CPC is allowed.
  5. Caution: the mediator must still stay neutral and protect confidentiality, so what Aarav said privately cannot be passed to Bharat unless Aarav agreed (section 16(1)).

Answer: Bharat's objection fails. The conduct is within section 15(4), (5) and (6). The mediator must keep neutrality and confidentiality, and share a party's views only to the extent that party agreed.

Example 2

Kaveri Foods Ltd and Sundaram Logistics agreed to mediation. The first appearance before the mediator was fixed for 1 March. The parties agreed in writing to extend the mediation by 45 days. Calculate the longest period within which the mediation must be completed and say what happens on expiry.

Show the solution
  1. Rule: under section 18(1), mediation must be completed within 120 days from the date fixed for the first appearance.
  2. Extension: under section 18(2), parties may agree to extend by a further period not exceeding 60 days. Here 45 days is within the cap.
  3. Total allowed: 120 + 45 = 165 days from 1 March.
  4. Maximum possible if the parties had agreed to the full extension: 120 + 60 = 180 days.
  5. Effect of expiry: under section 24(d), the mediation proceedings are deemed to terminate on the expiry of the time limit under section 18.

Answer: The mediation must be completed within 165 days from 1 March. It cannot go past 180 days in any case. If it is not completed, it is deemed terminated on expiry of the time limit under section 24(d).

Exam tips

  • Quote section 15 sub-section by sub-section. Examiners reward the exact point: independent, neutral, impartial; objectivity and fairness; voluntariness, confidentiality, self-determination.
  • In a time-limit problem, show the count: 120 days from the first appearance date, plus any agreed extension capped at 60 days.
  • In case questions, write provision, analysis of the facts, then conclusion. Do not skip the analysis.
  • Link section 15 to sections 16 and 17 when the facts show a mediator giving advice, imposing terms or later appearing as counsel or witness.
  • For a stages question, give the sequence with section numbers. It makes a short answer look complete.

Practice questions from Mediation: An Introduction and its Process along with Rules

Conduct of Mediation Process (Section 15) in other exams

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

Conduct of Mediation Process (Section 15): frequently asked questions

What does Section 15 of the Mediation Act, 2023 deal with?

It deals with the conduct of mediation. It requires the process to follow the specified manner and the mediator to be independent, neutral and impartial. It also covers separate or joint meetings, freedom from the CPC and Evidence Act, and the language of the mediation.

Is the time limit for mediation 180 days?

The base limit is 120 days from the date fixed for the first appearance before the mediator, under section 18(1). The parties may extend it by a further period not exceeding 60 days. So 180 days is the outer limit, not the starting period.

Can a mediator meet the parties separately?

Yes. Section 15(4) allows the mediator to meet parties or participants jointly or separately, as frequently as the mediator thinks fit. The aim is to convene the mediation and to run it in an orderly and timely way while maintaining its integrity.

Is the mediator bound by the Code of Civil Procedure and the Evidence Act?

No. Section 15(5) says the mediator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. The mediator must still act fairly and protect the parties' voluntariness, confidentiality and self-determination.

Who decides the language of mediation?

The mediator decides it, but only with the consent of the parties, under section 15(6). If the parties do not consent, the mediator cannot fix the language alone.