India Establishes Mediation Council of India Under Mediation Act, 2023
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TL;DR
- India has established the Mediation Council of India under the Mediation Act, 2023.
- The council will regulate, promote, and accredit mediation and training providers.
- The formation follows parliamentary committee recommendations and aims to expedite dispute resolution.
- Detailed rules and leadership appointments are still pending.
Overview
The Government of India has set up the Mediation Council of India (MCI) to regulate and promote institutional dispute resolution.
The council is established under the Mediation Act, 2023, following recommendations by a parliamentary committee and a recent government notification.
Its mandate includes accrediting mediation providers, certifying mediators, and overseeing the development of operational standards for mediation in India.
What Happened
On August 27, 2026, the Indian government notified the formal establishment of the Mediation Council of India (MCI), a statutory body mandated by the Mediation Act, 2023.
The formation of the council follows recommendations by a parliamentary standing committee, which emphasized the need for rapid implementation to unlock the Act's full potential.
The MCI is tasked with regulating the mediation sector: it will accredit service providers, recognize mediation training institutes, and certify professionals throughout the country.
Initial rules relating to the council's constitution and service conditions have come into effect, but detailed operating rules and key appointments are pending.
The stated government goal is to transition India from ad-hoc to institutionalized mediation, providing a binding, enforceable, and efficient alternative to litigation, especially for commercial and civil disputes.
Context
India's Mediation Act, 2023 introduced statutory support for mediation, including creation of a designated regulatory body.
Despite the Act being passed nearly three years prior, the council's formation was delayed due to resource constraints and recruitment issues.
Institutional mediation has been promoted as part of broader efforts to improve India's ease of doing business and reduce judicial delays.
Concerns remain about ensuring the council's independence, implementation of rules for pre-litigation mediation, and clarity around enforcement of international mediation settlements.
Why It Matters
- The creation of the Mediation Council provides an institutional anchor for mediation in India, potentially reducing court backlogs for commercial and civil disputes.
- It sets a new regulatory standard for mediators, service providers, and institutes, fostering professionalism and transparency.
- For businesses and litigants, the council could enable faster, more cost-effective dispute settlement outside of courts.
- Stakeholders will watch the implementation phase closely, as procedural details and appointments will determine practical impact.
