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

Online Mediation under Section 30 of the Mediation Act, 2023

Updated 11 October 2026 · Fact-checked

Online mediation under Section 30 of the Mediation Act, 2023 is mediation conducted by electronic means such as encrypted email, secure chat rooms or video or audio conferencing. It needs the parties' written consent and can be used at any stage, including pre-litigation. Integrity of proceedings and confidentiality must be maintained at all times.

Understand Online Mediation (Section 30)

Mediation is a process where parties try to reach an amicable settlement with the help of a mediator who cannot impose a settlement. Section 3(h) says this includes online mediation, pre-litigation mediation, community mediation and conciliation. So online mediation is not a different kind of dispute resolution. It is mediation held through technology.

Section 30(1) allows online mediation, including pre-litigation mediation, at any stage of mediation under the Act. The condition is the written consent of the parties. The section lists the tools: electronic form or computer networks, including an encrypted electronic mail service, secure chat rooms, and conferencing by video or audio mode or both. The words "but not limited to" mean the list is illustrative, not closed.

The law cares most about two things: integrity of proceedings and confidentiality. Section 30(3) says online mediation must be conducted in circumstances that ensure both are maintained at all times. The mediator may take such appropriate steps as he deems fit. Section 30(4) adds that, subject to the other provisions of the Act, mediation communications in online mediation must ensure confidentiality of mediation.

The detailed process is not in the Act. Section 30(2) says it shall be in such manner as may be specified. Under Section 3(y), "specified" means specified by regulations of the Mediation Council of India. Section 52(2)(g) confirms the Council may make regulations, with Central Government approval, on the manner of conducting online mediation.

Place also matters. Under Section 13, mediation is normally undertaken within the territorial jurisdiction of the competent court or tribunal. If parties mutually consent, it may be held outside that jurisdiction or online. For enforcement, challenge and registration of the mediated settlement agreement, it is then deemed to have been undertaken within that jurisdiction.

Key rules to remember

Consent requirement: Online mediation = written consent of the parties + electronic means (Section 30(1)); Consent must be in writing. It can be given at any stage of mediation, and pre-litigation mediation is also covered.
Illustrative tools: Encrypted email, secure chat rooms, video or audio conferencing, "but not limited to"; The list is not exhaustive. Other secure electronic means can qualify.
Process: Manner of online mediation = as specified (Section 30(2)); "Specified" means by regulations of the Mediation Council of India (Section 3(y)); see Section 52(2)(g).
Safeguards: Integrity of proceedings + confidentiality, at all times (Section 30(3)); The mediator may take such appropriate steps as he deems fit.
Confidentiality of communications: Online mediation communications must ensure confidentiality (Section 30(4)); Applies subject to the other provisions of the Act.
Place of online mediation: Online mediation by mutual consent is allowed (Section 13 proviso); deemed within jurisdiction for enforcement, challenge and registration; This stops jurisdiction disputes about where an online session took place.

How to solve Online Mediation (Section 30) questions

Use this order for any question on online mediation, whether it is a theory question or a case-based one.

1Identify the mode: confirm the facts describe mediation through electronic means, such as video calls or secure chat.
2Check consent: ask whether the parties gave written consent under Section 30(1). If the facts are silent or only oral, say so.
3Check the stage: online mediation can be used at any stage, including pre-litigation mediation.
4Test the safeguards: look at whether integrity of proceedings and confidentiality are protected under Section 30(3) and (4), and what steps the mediator took.
5Note the process rules: the detailed manner is as specified by Council regulations under Section 30(2).
6Address place if relevant: Section 13 proviso and Explanation on jurisdiction for enforcement, challenge and registration.
7Conclude clearly: state whether the online mediation is valid and what the mediator or parties should do.

Quickest way: Consent, Tools, Safeguards, Specified

When to use it: Use this when you have limited time and need a short, complete answer on Section 30.

Write the definition: mediation by electronic means under Section 30.
State written consent of parties, any stage, pre-litigation included.
Name the tools: encrypted email, secure chat rooms, video or audio conferencing, not limited to these.
State the two safeguards: integrity and confidentiality, with the mediator's power to take steps.
Add that the process is as specified by regulations, and apply to the facts.

Common mistakes in Online Mediation (Section 30)

Saying online mediation needs only oral or implied consent.
Students assume parties joining a video call means they agreed.
Fix: Section 30(1) requires written consent. Quote this and check the facts for it.
Treating the listed tools as a closed list.
Students memorise email, chat and video and stop there.
Fix: Remember the words "but not limited to". Other secure electronic means can also be used.
Thinking online mediation is available only before filing a suit.
Pre-litigation mediation is mentioned in the section, so students link the two.
Fix: It may be used at any stage of mediation under the Act. Pre-litigation is included, not the only case.
Saying the Act itself sets out the full online procedure.
Students overlook Section 30(2).
Fix: The Act leaves the manner to be specified by regulations of the Council. Mention Section 30(2) and Section 52(2)(g).
Ignoring confidentiality duties when the session is online.
Students focus on technology and forget the safeguards.
Fix: Always state Section 30(3) and (4): integrity and confidentiality must be maintained at all times.

Worked examples

Example 1

Meera Textiles Pvt Ltd (Surat) and Kaveri Dyes LLP (Chennai) have a payment dispute. They want to mediate by video conference. Can they, and what must be present?

Show the solution

Provision: Section 30(1) permits online mediation, including pre-litigation mediation, at any stage, by conferencing by video or audio mode or both.
Condition: the parties must give written consent. Here the parties should sign a written agreement or exchange written consent to the video mediation.
Place: the parties are in different cities. Under the Section 13 proviso, mutual consent allows mediation outside the court's territorial jurisdiction or online.
Safeguards: the session must ensure integrity of proceedings and confidentiality under Section 30(3), and mediation communications must stay confidential under Section 30(4).
Process: the detailed manner is as specified by regulations of the Council.

Answer: Yes. They may mediate by video conference if both give written consent. The mediation must protect integrity and confidentiality at all times, and for enforcement, challenge and registration it is deemed held within the competent court's jurisdiction.

Example 2

In an online mediation, a party's representative secretly records the video session and shares it with a competitor. Examine the position under Section 30.

Show the solution

Provision: Section 30(3) requires that online mediation be conducted in circumstances that ensure integrity of proceedings and confidentiality at all times.
Section 30(4) requires that mediation communications in online mediation ensure confidentiality, subject to the other provisions of the Act.
Under Section 3(k), a mediation communication includes anything said or done, any document or any information provided in the course of mediation, in electronic form or otherwise. The recorded session falls within it.
Analysis: sharing it with a competitor defeats confidentiality. The mediator may take such appropriate steps as he deems fit, for example, requiring a no-recording undertaking, using secure access, or controlling who joins.
Conclusion: the conduct breaches the confidentiality safeguards expected in online mediation. The mediator should act, and the aggrieved party can seek the remedies available under the Act and other law.

Answer: The secret recording and disclosure breach the confidentiality required by Section 30(3) and (4). The mediator should take appropriate steps to protect confidentiality and the integrity of the proceedings.

Exam tips

Quote Section 30(1) for written consent and the list of tools. Examiners look for the words "written consent" and "not limited to".
In case-based questions, check for consent first. Then deal with integrity and confidentiality.
Link Section 30 with Section 13 when the parties are in different places or choose to meet online.
Mention that the detailed procedure comes from Council regulations under Section 30(2). This shows you know the structure of the Act.
Keep the answer in order: provision, facts, conclusion. Add a short drafting point, such as a written consent clause for online mediation.

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

Online Mediation (Section 30) in other exams

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

CS ExecutiveCommunity Mediation, Online Mediation and Consequential Amendments

Online Mediation (Section 30): frequently asked questions

Is written consent compulsory for online mediation under the Mediation Act, 2023?

Yes. Section 30(1) says online mediation may be conducted with the written consent of the parties. The consent can be given at any stage of mediation under the Act.

Can pre-litigation mediation be done online?

Yes. Section 30(1) expressly includes pre-litigation mediation in online mediation. It can also be used at any other stage of mediation under the Act.

Who decides how online mediation is conducted?

Section 30(2) says the process shall be in the manner specified. That means regulations made by the Mediation Council of India under the Act, with Central Government approval.

Where is online mediation deemed to take place?

Section 13 allows online mediation by mutual consent of the parties. For enforcement, challenge and registration of the mediated settlement agreement, it is deemed to have been undertaken within the jurisdiction of the competent court or tribunal.