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

Mediators, Confidentiality and Mediated Settlement Agreement

Updated 11 October 2026 · Fact-checked

Under the Mediation Act, 2023, a mediator is appointed by agreement or through a mediation service provider, must disclose conflicts in writing, and must keep mediation communications confidential. A signed, authenticated mediated settlement agreement is final and binding, enforceable like a decree, and open to challenge only on four grounds within 90 days.

Understand Mediators, Confidentiality and Mediated Settlement Agreement

Mediation works only if parties trust the person helping them and feel safe speaking freely. The Mediation Act, 2023 builds that trust through three safeguards: a properly appointed and independent mediator, strict confidentiality, and a settlement that actually binds.

Mediator. Parties are free to agree on the mediator's name and the appointment procedure (Section 8). If they cannot agree, the party starting mediation applies to a mediation service provider, which must appoint a mediator within seven days. A person of any nationality can be appointed unless the parties agree otherwise, but a foreign mediator must meet the specified qualification, experience and accreditation. Before mediation starts, the mediator must disclose in writing any circumstance that may be a conflict of interest or raise justifiable doubts about independence or impartiality (Section 10).

Confidentiality. Section 22 makes the mediator, service provider, parties and participants keep mediation communications confidential. Section 23 stops the mediator and participants from being compelled to disclose them in any court, tribunal or adjudicatory proceeding. Both have limits, which exam questions love to test.

Settlement. A mediated settlement agreement (Section 19) is a written agreement resulting from mediation, signed by the parties and authenticated by the mediator. Under Section 27 it is final, binding and enforceable as if it were a court decree. Section 28 allows a challenge only on narrow grounds. Registration under Section 20 is optional and is for record.

Key rules to remember

Appointment of mediator (Section 8): Parties agree → else apply to mediation service provider → provider appoints within 7 days; The person named by the parties must communicate willingness within 7 days of receiving the communication of appointment. If parties cannot agree or the agreed person refuses, the provider appoints from its panel, with that person's consent.
Disclosure by mediator (Section 10): Written disclosure before mediation + without delay for new conflicts during mediation; Parties may waive objection only if all of them say so in writing. Otherwise a party wanting replacement applies to the service provider (institutional) or terminates the mandate itself (other mediation).
Confidential matters (Section 22(1)): Admissions, opinions, suggestions, promises, proposals, apologies; willingness to accept proposals; documents prepared solely for mediation; any other mediation communication; Binds mediator, service provider, parties and participants.
No recording and no reliance (Section 22(2), (3)): No audio or video recording; no reliance as evidence before any court or tribunal, including an arbitral tribunal; Applies to in-person and online mediation.
Exceptions (Sections 22(4), 23): General anonymised information for research, reporting or training; misconduct or malpractice claims against the mediator; offence threats; domestic violence or child abuse; imminent threat to public health or safety; Section 22 also does not apply to the settlement agreement where disclosure is needed for registration, enforcement or challenge.
Mediated settlement agreement (Section 19): Written + signed by parties + authenticated by mediator; Terms may go beyond the disputes referred. An agreement void under the Indian Contract Act, 1872 is not a lawful settlement agreement. It may cover some or all disputes and some or all parties.
Submission of agreement (Section 19(3)): Institutional: mediator authenticates and forwards to provider with signed covering letter and gives copy to parties. Other cases: mediator authenticates and gives copy to all parties; This is subject to Section 26.
Registration (Section 20): Optional; within 180 days of receipt of authenticated copy; later on payment of specified fee; Done with an Authority under the Legal Services Authorities Act, 1987 or a body notified by the Central Government, which issues a unique registration number. Court or tribunal referred mediation settlements, Lok Adalat awards and Permanent Lok Adalat final awards are excluded.
Enforcement (Section 27): Final and binding; enforced under the Code of Civil Procedure, 1908 as if a judgment or decree; Subject to Section 28. Can also be relied on as defence, set off or otherwise in any legal proceeding.
Challenge (Section 28): Grounds: fraud, corruption, impersonation, or mediation in disputes not fit for mediation under Section 6. Time: 90 days from receipt of copy under Section 19(3), plus a further 90 days for sufficient cause; Application goes to the court or tribunal of competent jurisdiction.

How to solve Mediators, Confidentiality and Mediated Settlement Agreement questions

Most questions give you a short fact pattern and ask whether something is valid, confidential or challengeable. Use a fixed provision, analysis, conclusion structure.

1Identify which stage the facts are at: appointment, conduct, confidentiality, or settlement.
2Name the rule and its section: Section 8 or 10 for the mediator, 22 or 23 for confidentiality, 19, 20, 27 or 28 for the agreement.
3State the rule in plain words with its conditions, for example the seven-day period, written disclosure, or four grounds.
4Apply it to the facts line by line. Check who did what, in writing or not, and by which date.
5Check for an exception or proviso: waiver by all parties, misconduct claim, offence threat, enforcement disclosure, 90-day extension.
6Conclude clearly: valid or invalid, allowed or barred, with the remedy available.
7Add a practical point such as advising written disclosure, avoiding recordings, or registering within 180 days.

Quickest way: Four-box scan

When to use it: Use when you have little time and the question mixes several issues.

Box 1, Mediator: agreed or provider-appointed, 7 days, written disclosure, waiver needs all parties in writing.
Box 2, Confidential: Section 22 bars parties from using communications as evidence; Section 23 bars mediator and participants from disclosing.
Box 3, Agreement: written, signed, authenticated; binding like a decree; registration optional within 180 days.
Box 4, Challenge: fraud, corruption, impersonation, unfit dispute; 90 days plus 90.
Write one line from each relevant box, then apply to the facts.

Common mistakes in Mediators, Confidentiality and Mediated Settlement Agreement

Saying registration of the mediated settlement agreement is compulsory.
Students link registration with enforceability.
Fix: Section 20 says registration is at the option of parties and is for record. Enforceability under Section 27 comes from signing and authentication, and registration does not affect it.
Treating all mediation communications as protected without exception.
Students remember confidentiality but not Sections 22(4) and 23.
Fix: Always list the exceptions: mediator misconduct claims, offence threats, domestic violence or child abuse, imminent public threat, anonymised research data, and disclosure of the agreement for registration, enforcement or challenge.
Listing wrong grounds for challenge, such as mistake or public policy.
They borrow grounds from arbitration awards.
Fix: Section 28(2) allows only fraud, corruption, impersonation, and mediation in disputes unfit under Section 6.
Getting the limitation wrong, for example 30 or 60 days.
Mixing with other limitation periods.
Fix: Remember 90 days from receipt of the copy under Section 19(3), with a further 90 days only if sufficient cause is shown.
Saying a conflict of interest bars the mediator automatically.
Students ignore the waiver route.
Fix: After disclosure, parties may waive objection if all express it in writing. Otherwise a party who wants replacement acts under Section 10(4).
Mixing up Section 22 and Section 23.
Both are about confidentiality.
Fix: Section 22 binds mediator, provider, parties and participants to keep matters confidential and bars parties from using them as evidence. Section 23 protects the mediator and participants from being compelled to disclose.

Worked examples

Example 1

Meera and Sunil, partners in a Pune trading firm, are in mediation. Sunil's friend Ajay, who attended as an adviser, is later summoned by a civil court to testify about offers made in the mediation. Meera also secretly recorded one session on her phone. Advise on both issues.

Show the solution

Rule on disclosure: Section 23(1) says no mediator or participant, including advisers, shall be permitted or compelled to disclose to any court any communication in mediation, including offers and counter offers.
Apply: Ajay was an adviser and so a participant. He cannot be compelled to testify about the offers. None of the exceptions in Section 23(2) or the proviso (mediator misconduct) is on the facts.
Rule on recording: Section 22(2) bars audio or video recording of mediation proceedings by parties or participants, whether in person or online.
Apply: Meera's recording breaches Section 22(2). Under Section 22(3), no party may rely on or introduce such communications as evidence, and the court shall not take cognizance of it.
Conclude and add practical point: parties should be told at the start that recording is prohibited.

Answer: Ajay cannot be compelled to disclose the mediation communications. Meera's secret recording is prohibited, and neither it nor its contents can be used as evidence.

Example 2

Rohan and Priya settle a commercial dispute in institutional mediation. The agreement is signed by both and authenticated by the mediator. Priya received her copy on 1 March. On 10 July she learns that Rohan's signatory was an impostor. Can she challenge, and can the settlement be enforced meanwhile?

Show the solution

Binding effect: Under Section 27(1), a settlement signed by parties and authenticated by the mediator is final, binding and enforceable like a decree, but subject to Section 28.
Ground: impersonation is a ground under Section 28(2)(iii). So a challenge is possible.
Limitation: 90 days from receiving the copy under Section 19(3) from 1 March ends on 30 May. 10 July is after that.
Extension: the court may entertain the application within a further 90 days if satisfied that Priya was prevented by sufficient cause. The further period ends on 28 August, so 10 July falls within it.
Apply: Priya's discovery on 10 July may support sufficient cause, but she must satisfy the court. Without that, the application is time-barred.
Enforcement: the agreement stays enforceable under Section 27, subject to the outcome of any challenge.

Answer: Priya may apply to the competent court or tribunal on the ground of impersonation, but she is outside the first 90 days. The application can be entertained only if she shows sufficient cause, within the further 90 days.

Exam tips

Quote section numbers only for rules you know: 8, 10, 19, 20, 22, 23, 27, 28 are all in this topic.
In case questions, always check for the exception before concluding on confidentiality.
Write the four grounds of challenge as a numbered list and add the 90 plus 90 day rule.
Mention that registration is optional, for record, and does not affect enforcement or challenge.
End each answer with a practical drafting or compliance point.

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

Mediators, Confidentiality and Mediated Settlement Agreement in other exams

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

CS ExecutiveMediated Settlement Agreement and Enforceability

Mediators, Confidentiality and Mediated Settlement Agreement: frequently asked questions

Is a mediated settlement agreement enforceable like a court decree?

Yes. Under Section 27, an agreement signed by the parties and authenticated by the mediator is final and binding. It is enforced under the Code of Civil Procedure, 1908 as if it were a judgment or decree, subject to Section 28.

On what grounds can a mediated settlement agreement be challenged?

Only on fraud, corruption, impersonation, or where mediation was conducted in disputes not fit for mediation under Section 6. The application must be made within 90 days of receiving the copy, extendable by a further 90 days for sufficient cause.

Is registration of a mediated settlement agreement mandatory?

No. Section 20 makes it optional and for record. It is done within 180 days of receiving the authenticated copy, and later on payment of the specified fee. A unique registration number is issued.

Can a mediator be replaced after disclosing a conflict of interest?

Yes. Parties may waive the objection if all express it in writing. If a party wants a replacement, it applies to the mediation service provider in institutional mediation, or terminates the mediator's mandate itself in other cases.