Section 20 of Mediation Act 2023 - Registration of Mediated Settlement Agreement
Section 20 of the Mediation Act, 2023 provides a mechanism for registration of specified mediated settlement agreements for the purpose of record. Registration is optional and may be made with an Authority constituted under the Legal Services Authorities Act, 1987 or another body notified by the Central Government, subject to the statutory conditions.
Section 20 - Registration of mediated settlement agreement
20. (1) For the purposes of record, mediated settlement agreement arrived at between the parties, other than those arrived in a court or tribunal referred mediation or award of Lok Adalat or final award of the Permanent Lok Adalat under section 21 or section 22E of the Legal Services Authorities Act, 1987, may, at the option of parties, be registered with an Authority constituted under the said Act, or any other body as may be notified by the Central Government, in such manner as may be specified and such Authority or body shall issue a unique registration number to such settlement agreements:
Provided that the mediated settlement agreement under this section may be registered with such Authority or the body situated within the territorial jurisdiction of the court or tribunal of competent jurisdiction to decide the subject matter of dispute.
Explanation. For the removal of doubts, it is clarified that nothing contained in this sub-section shall affect the rights of parties to enforce the mediated settlement agreement under section 27 or challenge the same under section 28.
(2) The registration referred to in sub-section (1) may be made by the parties or mediation service provider within a period of one hundred and eighty days from the date of receipt of authenticated copy of mediated settlement agreement:
Provided that mediated settlement agreement may be allowed to be registered after the expiry of period of one hundred and eighty days on payment of such fee as may be specified in consultation with the Authority or any other body referred to in sub-section (1).
Meaning and purpose of Section 20
Section 20 creates a statutory facility for recording a mediated settlement agreement through registration. The words "may, at the option of parties" show that registration under this provision is optional rather than an automatic requirement for every mediated settlement agreement.
The provision applies subject to its stated exclusions. It does not cover mediated settlements arrived at in court or tribunal referred mediation, an award of Lok Adalat under Section 21 of the Legal Services Authorities Act, 1987, or a final award of the Permanent Lok Adalat under Section 22E of that Act.
Where may the agreement be registered?
An eligible mediated settlement agreement may be registered with an Authority constituted under the Legal Services Authorities Act, 1987, or with another body that may be notified by the Central Government. The Authority or notified body is required to issue a unique registration number to the settlement agreement.
The proviso to Section 20(1) permits registration with the relevant Authority or body situated within the territorial jurisdiction of the court or tribunal competent to decide the subject matter of the dispute.
Time limit of 180 days for registration
Under Section 20(2), registration may be made by the parties or by the mediation service provider within 180 days from the date of receipt of the authenticated copy of the mediated settlement agreement. The statutory period therefore runs from receipt of the authenticated copy rather than merely from the date on which the parties reached their settlement.
Registration after 180 days
The proviso to Section 20(2) allows a mediated settlement agreement to be registered even after expiry of the 180-day period, on payment of such fee as may be specified in consultation with the Authority or other body referred to in Section 20(1).
Registration does not affect enforcement or challenge
The Explanation to Section 20(1) expressly preserves the parties' rights concerning enforcement under Section 27 and challenge under Section 28. Registration under Section 20 is therefore described by the Act as being "for the purposes of record" and does not, by itself, remove or curtail those statutory rights.
Connection with Section 19
Section 19 of the Mediation Act sets out what constitutes a mediated settlement agreement and provides for writing, signature and authentication. Section 20 then deals with the optional registration of eligible mediated settlement agreements for record.
Official legal sources
For the authoritative statutory text and current legislative material, refer to the official Government of India sources.
Department of Legal Affairs - The Mediation Act, 2023
India Code - The Mediation Act, 2023