Section 13 of the Mediation Act 2023 - Territorial Jurisdiction to Undertake Mediation

Section 13 of the Mediation Act, 2023 sets out the territorial framework for conducting mediation. As enacted, mediation is ordinarily linked to the territorial jurisdiction of the court or tribunal competent to decide the subject matter of the dispute, while the parties may mutually agree to mediate elsewhere or through online mediation.

Current commencement position: Section 1(3) of the Mediation Act, 2023 permits different provisions to be brought into force on different dates. The Central Government notification dated 9 October 2023 brought specified sections into force, but Section 13 was not included in that notified group. The latest official commencement notification should therefore be checked before treating Section 13 as an operative statutory requirement.

Section 13 - Territorial jurisdiction to undertake mediation

Section 13 provides that every mediation under the Act is to be undertaken within the territorial jurisdiction of the court or tribunal having competent jurisdiction to decide the subject matter of the dispute.

The proviso allows the parties, by mutual consent, to conduct mediation at a place outside that territorial jurisdiction or by way of online mediation.

The Explanation clarifies that where the parties choose an outside place or online mediation, the mediation is nevertheless deemed, for enforcement, challenge and registration of the mediated settlement agreement, to have been undertaken within the territorial jurisdiction of the competent court or tribunal.

Ordinary rule: jurisdiction of the competent court or tribunal

The basic rule in Section 13 connects the place of mediation with the territorial jurisdiction of the court or tribunal that would be competent to decide the subject matter of the dispute. The provision therefore uses the jurisdiction of the competent adjudicatory forum as the statutory reference point for the mediation.

Exception by mutual consent of the parties

The proviso gives the parties flexibility. By mutual consent, they may conduct mediation at a place outside the territorial jurisdiction of the competent court or tribunal. This permits the parties to choose a convenient physical venue without changing the jurisdictional consequences specified by the Act.

Online mediation under Section 13

The proviso also expressly recognizes mediation conducted online. This should be read with the Act's provisions concerning online mediation. The choice of an online process does not, by itself, displace the territorial link identified in the Explanation to Section 13.

Effect on enforcement, challenge and registration

The Explanation is important where mediation takes place outside the ordinary territorial jurisdiction or online. For purposes of enforcement, challenge and registration of the mediated settlement agreement, the mediation is deemed to have taken place within the territorial jurisdiction of the court or tribunal competent to decide the subject matter of the dispute.

Meaning of important expressions

Mediation

Section 3 defines mediation broadly as a process, whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as a mediator, who does not have authority to impose a settlement upon the parties.

Online mediation

The Act recognizes online mediation as a mode of conducting mediation using electronic form or computer networks, subject to the statutory framework applicable to online mediation.

Mediated settlement agreement

A mediated settlement agreement is the written agreement resulting from mediation that settles some or all of the disputes between the parties and satisfies the requirements prescribed by the Act.

Practical significance of Section 13

Section 13 separates the place or mode chosen for mediation from the jurisdictional consequences attached to the resulting settlement. Parties may agree on a convenient location or online mediation, while the statutory deeming rule preserves the link with the competent court or tribunal for the purposes specifically identified in the Explanation.

Related provisions

For the sequence of mediation proceedings, see Section 14 - Commencement of mediation and Section 15 - Conduct of mediation. The provisions relating to a mediated settlement agreement are addressed in Section 19 and its registration in Section 20.

Official legal source

For the authoritative statutory text and commencement information, see the official Mediation Act, 2023 on India Code.