Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

Modes of Mediation: Court-Annexed, Institutional and Ad Hoc Mediation

Updated 11 October 2026 · Fact-checked

The Mediation Act, 2023 recognises mediation in several modes: pre-litigation mediation before suit, court-annexed mediation at court or tribunal centres, institutional mediation under a mediation service provider, ad hoc mediation arranged by the parties, and online mediation with written consent. In an exam, identify the mode from the facts, then apply its rules.

Understand Modes of Mediation: Court-Annexed, Institutional and Ad Hoc

Mediation is a process where parties try to reach an amicable settlement with the help of a third person, the mediator, who has no authority to impose a settlement. The Act defines it widely. It covers pre-litigation mediation, online mediation, community mediation, conciliation or anything of similar import.

The modes are not watertight boxes. They answer different questions. Pre-litigation answers when (before a suit or proceeding is filed). Court-annexed and institutional answer where and under whose aegis. Online answers how (electronic means). Ad hoc is simply the case where no institution or court centre runs the process.

Court-annexed mediation means mediation, including pre-litigation mediation, conducted at mediation centres established by any court or tribunal. Institutional mediation means mediation conducted under the aegis of a mediation service provider. The Act does not define ad hoc mediation. In practice it means the parties themselves choose a mediator and run the process without an institution. Treat this as the usual meaning, not as a statutory term.

Under section 5, parties may, before filing any civil or commercial suit or proceeding, voluntarily and with mutual consent try pre-litigation mediation, whether or not a mediation agreement exists. This also applies to tribunals notified by the Central or State Government. Unless the parties agree otherwise, the mediator must be registered with the Council, or empanelled by a court-annexed mediation centre, by a Legal Services Authority, or by a recognised mediation service provider.

Online mediation under section 30 may be used at any stage, including pre-litigation, with the written consent of the parties. It must protect integrity of proceedings and confidentiality. Commercial disputes of Specified Value follow section 12A of the Commercial Courts Act, 2015, where pre-institution mediation is a precondition for suits with no urgent interim relief.

Key rules to remember

Pre-litigation mediation (s. 5(1)): Before filing suit or proceeding + voluntary + mutual consent = pre-litigation mediation, with or without a mediation agreement; Proviso: commercial disputes of Specified Value follow section 12A of the Commercial Courts Act, 2015.
Who may mediate pre-litigation (s. 5(3)): Council-registered mediator, or court-annexed centre panel, or Legal Services Authority panel, or recognised mediation service provider panel; Applies unless the parties agree otherwise.
Court-annexed mediation (s. 3(e)): Mediation, including pre-litigation, at centres established by a court or tribunal; Legal Services Authorities and court-annexed centres must keep panels of mediators for pre-litigation mediation (s. 5(5)).
Institutional mediation (s. 3(f)): Mediation under the aegis of a mediation service provider; Contrast with ad hoc, where parties run it themselves; ad hoc is not a defined term.
Online mediation (s. 30): Written consent of parties + any stage + integrity and confidentiality maintained; Tools include encrypted email, secure chat rooms, video or audio conferencing.
Section 12A, Commercial Courts Act: Mediation period 3 months, extendable by 2 months with consent of parties; settlement has effect of an arbitral award on agreed terms; Time spent in mediation is excluded for limitation. Settlement is in writing, signed by parties and mediator.
Claims Tribunal reference (s. 5(6)): Motor accident compensation claim + no settlement under s. 149 of Motor Vehicles Act = Tribunal refers parties to mediation; A non-settlement report goes back to the Tribunal for adjudication.

How to solve Modes of Mediation: Court-Annexed, Institutional and Ad Hoc questions

Use this method for any question asking you to identify, compare or apply a mode of mediation.

1Read the facts and mark the timing: has a suit or proceeding been filed, or not yet?
2Identify who runs the process: a court or tribunal centre, a mediation service provider, a Legal Services Authority, or the parties themselves.
3Check the nature of the dispute: if it is a commercial dispute of Specified Value, bring in section 12A of the Commercial Courts Act, 2015.
4Check whether the dispute is excluded by section 6 and the First Schedule indicative list.
5Check the means used: if electronic, apply section 30, including written consent, integrity and confidentiality.
6Check the mediator's eligibility under section 5(3) if the question is on pre-litigation mediation.
7State the provision, apply it to the facts, and write a clear conclusion.

Quickest way: Timing-Place-Means check

When to use it: When you have limited time and the question asks you to name or distinguish the mode.

Timing: before filing means pre-litigation; after filing means a court reference.
Place: court or tribunal centre means court-annexed; service provider means institutional; parties alone means ad hoc.
Means: electronic with written consent means online.
Add one line on section 12A if the dispute is commercial and of Specified Value.
Close with a one-line conclusion.

Common mistakes in Modes of Mediation: Court-Annexed, Institutional and Ad Hoc

Treating ad hoc mediation as a statutory term with its own definition.
Students assume every mode has a definition clause.
Fix: Section 3 defines court-annexed and institutional mediation but not ad hoc. Describe ad hoc as mediation arranged by the parties without an institution.
Saying pre-litigation mediation needs a mediation agreement.
Confusion with arbitration, where an agreement is the base.
Fix: Section 5(1) applies whether or not a mediation agreement exists. It needs voluntary, mutual consent.
Treating section 5 as the only rule for commercial disputes.
Students forget the proviso.
Fix: For commercial disputes of Specified Value, pre-litigation mediation is undertaken under section 12A of the Commercial Courts Act, 2015 and its rules.
Assuming online mediation can be started without written consent.
Online mode feels like a mere convenience.
Fix: Section 30(1) requires written consent of the parties. Add that integrity and confidentiality must be maintained.
Mixing court-annexed with institutional mediation.
Both involve a body hosting the process.
Fix: Court-annexed is at centres set up by a court or tribunal. Institutional is under a mediation service provider.
Ignoring the list of matters not fit for mediation.
Students focus only on the modes.
Fix: Section 6 bars mediation for matters in the First Schedule, though a court may refer compoundable offences to mediation.

Worked examples

Example 1

Alpha Components Pvt Ltd, Pune, has a payment dispute with Beta Traders. No suit has been filed. Both agree to try mediation with a mediator empanelled by a court-annexed mediation centre. Which mode is this and is the mediator eligible?

Show the solution

Timing: no suit has been filed, so this is pre-litigation mediation under section 5(1). The parties acted voluntarily and with mutual consent.
Place: the process uses a mediator from a court-annexed mediation centre panel, so it is also court-annexed mediation as defined in section 3(e).
Eligibility: section 5(3)(ii) allows a mediator empanelled by a court-annexed mediation centre, unless the parties agree otherwise.
Check for commercial angle: if the dispute is a commercial dispute of Specified Value, section 12A of the Commercial Courts Act, 2015 governs and mediation is a precondition for a suit with no urgent interim relief.

Answer: It is pre-litigation, court-annexed mediation. The mediator is eligible under section 5(3)(ii), subject to section 12A if the dispute is a commercial dispute of Specified Value.

Example 2

Two companies in Mumbai and Chennai agree to mediate over video conference through a mediation service provider. Discuss the mode and conditions.

Show the solution

Process run under a mediation service provider is institutional mediation under section 3(f).
Use of video conferencing makes it online mediation under section 30(1).
Condition one: written consent of the parties is required. It may be given in electronic form.
Condition two: under section 30(3) the mediation must ensure integrity of proceedings and confidentiality at all times, and the mediator may take appropriate steps.
Condition three: under section 30(4) mediation communications in online mediation must ensure confidentiality.
Online mediation may be held at any stage, including pre-litigation.

Answer: It is institutional mediation conducted online. It is valid if the parties give written consent and integrity and confidentiality are maintained.

Exam tips

Write the mode first, then the section. Examiners reward a clear provision, analysis, conclusion structure.
In comparison questions, use the criteria of who conducts, where, and under which section. State that ad hoc is not defined in the Act.
Always mention the section 12A link when facts show a commercial dispute.
Quote key conditions exactly: voluntary and mutual consent for section 5, written consent for section 30.
Draft the answer around the facts. Name the parties and the stage of the dispute.

Practice questions from Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

Modes of Mediation: Court-Annexed, Institutional and Ad Hoc: frequently asked questions

What are the modes of mediation under the Mediation Act, 2023?

The Act covers pre-litigation, court-annexed, institutional, online and community mediation. Ad hoc mediation is the usual name for parties arranging mediation themselves. Section 3(h) treats all these as mediation if a mediator helps parties settle without power to impose a settlement.

What is the difference between court-annexed and institutional mediation?

Court-annexed mediation is conducted at mediation centres established by a court or tribunal. Institutional mediation is conducted under the aegis of a mediation service provider. The source of the process differs.

Is pre-litigation mediation compulsory?

Under section 5(1) it is voluntary and needs mutual consent. For commercial disputes of Specified Value, section 12A of the Commercial Courts Act, 2015 requires pre-institution mediation before a suit that does not contemplate urgent interim relief.

Can mediation be held online?

Yes. Section 30 allows online mediation at any stage with the written consent of the parties. It must maintain integrity of proceedings and confidentiality.