Manipur High Court Urges Early Notification of Mediation Act Provisions on Settlement Enforcement
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TL;DR
- Manipur High Court urges early notification of key Mediation Act enforcement sections.
- Court explains mediated settlements cannot yet be directly enforced as decrees.
- Ruling arose from a settled appeal resolved after court-annexed mediation.
- Court recommends State and companies send representatives with authority to sign agreements.
Overview
On November 6, 2026, the Manipur High Court called for early notification of core provisions of the Mediation Act, 2023, specifically Sections 19(1) and 27, to enable court-like enforcement of mediated settlement agreements. In a regular first appeal settled via mediation, the Court highlighted that only 21 of the Act's 65 sections had been brought into force, preventing mediated settlements from being directly enforceable as court decrees and requiring further judicial involvement.
What Happened
The Manipur High Court heard a regular first appeal that was successfully resolved after referral to the High Court Mediation Centre.
The mediated settlement agreement was signed by both parties in the presence of counsel and submitted for court approval.
The Court noted that only 21 of the Mediation Act, 2023's 65 sections are currently in force, leaving key enforcement provisions, such as Section 27, dormant.
Because Section 27 is not yet in force, the parties needed a judicial order for enforcement despite successful mediation.
The Court formally urged the Central Government to notify Sections 19(1) and 27, among others, so that future mediated settlement agreements could be directly enforced as court decrees.
The Court also issued a guideline recommending that juridical entities send representatives with written mandates to mediation so agreements can be signed without additional delay.
Context
The Mediation Act, 2023 was enacted on September 14, 2023, introducing a comprehensive legal framework for mediation in India. However, most enforcement-related provisions, including Section 27, remain unnotified.
Court-annexed mediation is increasingly used in Indian courts, but full implementation of the Mediation Act is pending.
Why It Matters
- Without Section 27 of the Mediation Act, 2023 in force, parties who settle through mediation must still obtain a court order to enforce settlement agreements, limiting mediation's efficiency.
- The Court's call seeks to streamline the enforcement of mediated settlements and reduce reliance on additional judicial intervention.
- The practical guidance on authorized representation aims to avoid procedural setbacks in future mediations involving public bodies or companies.