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

Mediation Service Providers and the Mediation Council of India

Updated 11 October 2026 · Fact-checked

A mediation service provider under section 40 of the Mediation Act, 2023 is a body that conducts mediation and is recognised by the Mediation Council of India, or a deemed-recognised body such as a Legal Services Authority or court-annexed centre. The Council, set up under section 31, regulates the system through its section 38 functions.

Understand Mediation Service Providers and Mediation Council of India

Mediation needs people and places. Someone must keep a panel of mediators, give rooms and staff, and make sure mediators behave ethically. The Mediation Act, 2023 gives this job to mediation service providers. Above them sits a regulator, the Mediation Council of India.

Section 40(1) says a mediation service provider includes four kinds of body: (a) a body or organisation that provides for the conduct of mediation under the Act and its rules and regulations and is recognised by the Council; (b) an Authority constituted under the Legal Services Authorities Act, 1987; (c) a court-annexed mediation centre; and (d) any other body notified by the Central Government. The word "includes" means the list is not closed in form, so quote it carefully.

The proviso is a favourite exam point. Bodies in clauses (b), (c) and (d) are deemed to be recognised by the Council. Only clause (a) bodies must actually obtain recognition. Under section 40(2), recognition is given by the Council in the manner specified.

The Council is established by the Central Government by notification under section 31. It is a body corporate with perpetual succession and a common seal. It can hold property, contract, and sue or be sued. Its head office is at Delhi or another place the Central Government notifies. It may set up offices elsewhere in India and abroad, in consultation with the Central Government.

The Council's composition is in section 32. It has a Chairperson, two expert Members, two ex officio Members from the Departments of Legal Affairs and Expenditure, the Chief Executive Officer as Member-Secretary (ex officio), and one part-time Member from a recognised body of commerce and industry. Non-ex-officio Members serve four years and can be re-appointed. The Council then performs the duties in section 38, and mediation service providers perform the functions in section 41.

Key rules to remember

Meaning of mediation service provider (s 40(1))
(a) recognised body + (b) Legal Services Authority + (c) court-annexed mediation centre + (d) body notified by Central Government
Clauses (b), (c) and (d) are deemed recognised by the Council. Clause (a) needs recognition.
Recognition (s 40(2))
Recognition by the Council in the manner specified
Manner of recognition is a regulation-making matter under section 52(2)(o).
Establishment of Council (s 31)
Mediation Council of India = body corporate, perpetual succession, common seal, head office at Delhi
Established by the Central Government by notification. Head office may be elsewhere if notified.
Composition of Council (s 32(1))
Chairperson + Members under (b) and (c) + 2 ex officio Members (Legal Affairs, Expenditure) + CEO as Member-Secretary + 1 Part-Time Member from commerce and industry
The part-time Member is chosen by the Central Government.
Term of Members (s 32(2))
4 years; eligible for re-appointment; age limit 70 (Chairperson), 67 (other Members)
Applies to Members other than ex officio Members. If the Chairperson is part-time, at least one Member under (b) or (c) must be full-time.
Functions of service providers (s 41)
Accredit mediators and keep panel; provide mediators; give facilities and secretarial help; promote ethics; facilitate registration of settlement agreements under s 20; other specified functions
Six functions, (a) to (f).
Regulation-making (s 52)
Council, with previous approval of Central Government, by notification
Regulations must be consistent with the Act and rules.

How to solve Mediation Service Providers and Mediation Council of India questions

Questions on this topic are usually theory or case-based. Use the same frame each time: provision, facts, conclusion.

  1. 1Identify what is asked: meaning of a service provider, recognition, Council composition, or Council functions.
  2. 2State the provision: quote the relevant section (40, 41, 31, 32, 38 or 52) in plain words.
  3. 3For service providers, sort the body in the facts into clause (a), (b), (c) or (d) of section 40(1).
  4. 4Apply the proviso: if the body is under (b), (c) or (d), say it is deemed recognised. If under (a), say it needs recognition from the Council.
  5. 5For Council questions, list the relevant members or functions from the section, grouped sensibly.
  6. 6Link to related roles: section 41 duties of providers, section 20 registration of settlement agreements, and section 38 powers of the Council.
  7. 7Conclude in one clear line that answers the exact question asked.

Quickest way: Classify the body, then apply the proviso

When to use it: Use for short case questions asking whether an institution is a mediation service provider or needs recognition.

  1. Ask: is it a Legal Services Authority, a court-annexed centre, or a body notified by the Central Government?
  2. If yes, it is a provider and is deemed recognised.
  3. If no, ask whether it conducts mediation under the Act and is recognised by the Council.
  4. If it is recognised, it is a provider. If not, it does not qualify under section 40(1)(a) yet.
  5. Write the conclusion with the section number.

Common mistakes in Mediation Service Providers and Mediation Council of India

  • Saying every mediation service provider must apply to the Council for recognition.

    Students remember clause (a) and forget the proviso.

    Fix: Write that bodies under clauses (b), (c) and (d) are deemed recognised. Only clause (a) bodies need recognition.

  • Mixing up section 38 (Council functions) with section 41 (provider functions).

    Both are lists of duties and look alike.

    Fix: Remember: the Council regulates, recognises and keeps the electronic depository. Providers accredit mediators, supply facilities and facilitate registration of settlement agreements.

  • Saying the Council's head office must always be in Delhi.

    Students skip the words "or at such other place as may be notified".

    Fix: State that the head office is at Delhi or at another place notified by the Central Government.

  • Treating all Council Members as having a four-year term.

    The four-year rule is remembered without its exception.

    Fix: Say the four-year term applies to Members other than ex officio Members. Ex officio Members sit by virtue of their office.

  • Thinking the Council can make regulations on its own.

    Students forget the approval condition.

    Fix: Write that regulations under section 52 need the previous approval of the Central Government and must be consistent with the Act and rules.

  • Saying a community mediation settlement is enforceable like a court decree.

    Students assume all mediated settlements are enforceable.

    Fix: Under section 44(4), a community mediation settlement is for maintaining peace and harmony and is not enforceable as a judgment or decree of a civil court. Section 20 on registration applies mutatis mutandis.

Worked examples

Example 1

Peace Mediation Trust, a private organisation in Pune, conducts mediation in commercial disputes and wants to be treated as a mediation service provider under the Mediation Act, 2023. A Legal Services Authority and a court-annexed mediation centre also run mediations in the same city. Explain which of them need recognition by the Mediation Council of India.

Show the solution
  1. Provision: section 40(1) lists four kinds of mediation service provider. Clause (a) is a body recognised by the Council. Clause (b) is a Legal Services Authority. Clause (c) is a court-annexed mediation centre. Clause (d) is a body notified by the Central Government.
  2. Facts: the Trust is a private body, so it falls under clause (a). The Legal Services Authority falls under clause (b). The court-annexed centre falls under clause (c).
  3. Proviso: bodies under clauses (b), (c) and (d) are deemed to be recognised by the Council.
  4. Section 40(2): recognition is given by the Council in the manner specified.
  5. Conclusion: only the Trust needs to obtain recognition from the Council. The Authority and the court-annexed centre are deemed recognised.

Answer: Only Peace Mediation Trust must be recognised by the Council under section 40(1)(a) and (2). The Legal Services Authority and the court-annexed centre are deemed recognised under the proviso to section 40(1).

Example 2

Describe the composition of the Mediation Council of India and state the term of its Members.

Show the solution
  1. Establishment: under section 31, the Central Government establishes the Council by notification. It is a body corporate with a head office at Delhi or another notified place.
  2. Composition under section 32(1): a Chairperson; a Member with knowledge of mediation or ADR law; an eminent Member from research or teaching in mediation and ADR laws; the Secretary, Department of Legal Affairs, or a representative not below Joint Secretary, ex officio; the Secretary, Department of Expenditure, or a representative not below Joint Secretary, ex officio; the Chief Executive Officer as Member-Secretary, ex officio; and one part-time Member from a recognised body of commerce and industry.
  3. Term under section 32(2): Members other than ex officio Members hold office for four years and are eligible for re-appointment.
  4. Age limits: seventy years for the Chairperson and sixty-seven years for other Members.
  5. Safeguard: if the Chairperson is part-time, at least one Member under clause (b) or (c) must be full-time.

Answer: The Council has a Chairperson, two expert Members, two ex officio government Members, the CEO as Member-Secretary, and one part-time industry Member. Non-ex-officio Members serve four years and can be re-appointed, subject to age limits of 70 for the Chairperson and 67 for other Members.

Exam tips

  • Quote section 40(1) clauses (a) to (d) and the proviso. Examiners reward the deemed recognition point.
  • Keep sections 38 and 41 separate in your answer. Write Council functions and provider functions under different sub-headings.
  • In case-based questions, name the clause of section 40(1) the body falls under before concluding.
  • Mention community mediation briefly if asked: three community mediators, written settlement, not enforceable as a decree (section 44).
  • Give section numbers only for provisions you are sure of: 31, 32, 38, 40, 41, 44 and 52 are safe.

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

Mediation Service Providers and Mediation Council of India in other exams

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

Mediation Service Providers and Mediation Council of India: frequently asked questions

What is a mediation service provider under section 40 of the Mediation Act, 2023?

It includes a recognised body that provides for conduct of mediation under the Act, a Legal Services Authority, a court-annexed mediation centre, and any other body notified by the Central Government. The last three are deemed recognised by the Council.

Who recognises mediation service providers?

The Mediation Council of India recognises them in the manner specified, under section 40(2). Section 38 also lets the Council renew, withdraw, suspend or cancel recognition and set criteria for it.

What are the main functions of mediation service providers?

Under section 41 they accredit mediators and maintain a panel, provide mediators, supply facilities and secretarial help, promote ethical conduct, and facilitate registration of mediated settlement agreements under section 20.

Where is the Mediation Council of India based?

Its head office is at Delhi, or at another place notified by the Central Government. It may set up offices elsewhere in India and abroad in consultation with the Central Government.

Is a community mediation settlement enforceable as a decree?

No. Under section 44(4) it serves to maintain peace, harmony and tranquillity among residents or families and is not enforceable as a judgment or decree of a civil court. The registration provision of section 20 applies mutatis mutandis.