Section 15 of the Mediation Act 2023 - Conduct of Mediation
Section 15 of the Mediation Act, 2023 lays down the core principles governing the mediation process. It requires the mediator to act independently, neutrally and impartially, and emphasizes objectivity, fairness, voluntariness, confidentiality and party self-determination.
Section 15 - Conduct of mediation
Sub-section (1): The mediation process is to be conducted in the manner that may be specified.
Sub-section (2): The mediator must assist the parties independently, neutrally and impartially in their attempt to reach an amicable settlement.
Sub-section (3): The mediator must be guided by objectivity and fairness, protect voluntariness, confidentiality and self-determination of the parties, and follow the professional and ethical standards that may be specified.
Sub-section (4): Taking account of the circumstances of the case, the mediator may adopt appropriate measures, including meeting parties or participants jointly or separately as often as considered fit, to convene and conduct mediation in an orderly and timely manner and preserve the integrity of the process.
Sub-section (5): The mediator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
Sub-section (6): With the consent of the parties, the mediator determines the language or languages to be used in the mediation process.
Independent, neutral and impartial assistance
Section 15(2) describes the mediator's function as assistance rather than adjudication. The mediator facilitates the parties' attempt to reach an amicable settlement and must do so in an independent, neutral and impartial manner. The mediator does not decide the dispute or impose a settlement.
Objectivity, fairness and party self-determination
Section 15(3) places objectivity and fairness at the center of the process. It also expressly protects voluntariness, confidentiality and self-determination. Self-determination reflects the principle that settlement choices remain with the parties rather than the mediator.
Joint and separate meetings
Section 15(4) gives the mediator procedural flexibility. Depending on the circumstances, the mediator may meet parties or participants jointly or separately and may do so as frequently as considered appropriate. These measures may be used both to convene the mediation and during mediation to support an orderly and timely process and maintain its integrity.
Procedure and rules of evidence
Section 15(5), as enacted, states that the mediator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. This reflects the non-adjudicatory and flexible character of mediation. The provision should be read as the text enacted in 2023; the Indian Evidence Act, 1872 has since been repealed and replaced for the general law of evidence by the Bharatiya Sakshya Adhiniyam, 2023 with effect from 1 July 2024, but the wording of Section 15(5) in the Mediation Act continues to refer to the Indian Evidence Act, 1872.
Language of mediation
Under Section 15(6), the mediator determines the language or languages to be used in mediation with the consent of the parties. Party consent is therefore an express statutory element of the choice of language.
Meaning of important expressions
Mediation
Section 3 defines mediation broadly as a process in which parties attempt to reach an amicable settlement of their dispute with the assistance of a mediator who has no authority to impose a settlement. The definition includes processes described as pre-litigation mediation, online mediation, community mediation, conciliation or expressions of similar import.
Mediator
Under Section 3, a mediator is a person appointed to undertake mediation and includes a person registered as a mediator with the Mediation Council of India.
Specified
The Act uses the expression "specified" for matters to be specified by regulations made by the Mediation Council of India. Section 15(1) and Section 15(3) therefore contemplate a regulatory framework for procedure and professional and ethical standards.
Relationship with Sections 14 and 16
Section 14 - Commencement of mediation identifies when mediation proceedings are deemed to commence. Section 15 governs how the mediation is conducted, while Section 16 - Role of mediator further defines the mediator's role in facilitating voluntary resolution.
Official legal source
For the authoritative statutory text and commencement information, see the official Mediation Act, 2023 on India Code.