Section 30 of the Mediation Act 2023: Online Mediation

Section 30 contains the enacted framework for conducting mediation, including pre-litigation mediation, through electronic and online modes with the written consent of the parties while preserving integrity and confidentiality.

Current commencement status: Section 30 has been enacted but has not been brought into force. Under Section 1(3), different provisions may commence on different dates. Notification S.O. 4384(E), dated 9 October 2023, brought into force Sections 1, 3, 26, 31 to 38, 45 to 47, 50 to 54 and 56 to 57. Section 30 was not included. The provisions described below are therefore the enacted online-mediation framework and should not be represented as an operative Section 30 procedure until the section is notified into force.

Section 30 - Online mediation

Sub-section (1): Online mediation, including pre-litigation mediation, may be conducted at any stage of mediation under the Act with the written consent of the parties. The permitted technology is broadly expressed and includes electronic form or computer networks, encrypted electronic mail, secure chat rooms and video or audio conferencing, or both.

Sub-section (2): The process of online mediation is to be conducted in the manner that may be specified.

Sub-section (3): Online mediation must be conducted in circumstances that maintain the essential elements of integrity of proceedings and confidentiality at all times. The mediator may take appropriate steps for that purpose.

Sub-section (4): Subject to the other provisions of the Act, mediation communications in online mediation must ensure confidentiality.

Written consent of the parties

Section 30(1) expressly makes written consent of the parties a condition for conducting online mediation under the provision. The statutory text allows online mediation at any stage of mediation under the Act, including pre-litigation mediation.

Electronic modes permitted by Section 30

The section is technology-neutral and does not restrict online mediation to one platform. It specifically refers to electronic form and computer networks and gives examples such as encrypted electronic mail services, secure chat rooms and conferencing by video or audio mode or both. The words used in the provision make the list illustrative rather than exhaustive.

Integrity of online mediation proceedings

Under Section 30(3), the circumstances in which online mediation is conducted must preserve the integrity of proceedings. In practice, this statutory requirement makes reliable participation, appropriate control of the online process and protection against interference relevant to the conduct of an online mediation once the provision becomes operative.

Confidentiality in online mediation

Confidentiality is expressly protected in both Section 30(3) and Section 30(4). Sub-section (3) requires confidentiality to be maintained at all times, while sub-section (4) requires confidentiality of mediation communications, subject to the other provisions of the Act.

This online-mediation requirement is connected with the broader confidentiality framework contemplated by Section 22 of the Mediation Act. Section 22, like Section 30, has not yet been brought into force.

Meaning of online mediation

The Mediation Act promotes online mediation as an acceptable and cost-effective process. Section 30 gives that objective a specific statutory structure by combining party consent, flexible electronic modes, prescribed procedure, integrity safeguards and confidentiality obligations.

Pre-litigation mediation online

Section 30(1) expressly includes pre-litigation mediation. This means the enacted framework contemplates that a mediation occurring before institution of court or tribunal proceedings may also be conducted online, provided the statutory requirements are satisfied after the relevant provisions are brought into force.

Procedure to be specified

Section 30(2) states that the online-mediation process shall be conducted in such manner as may be specified. Under Section 3(u), the expression "specified" means specified by regulations made by the Mediation Council of India under the Act. Section 3 is among the provisions already brought into force.

Key legal points

Online mediation under Section 30 requires written consent of the parties.
It may include pre-litigation mediation and may be used at any stage of mediation under the Act.
The listed electronic methods are examples and are not expressed as an exhaustive list.
The integrity of proceedings and confidentiality must be maintained at all times.
The mediator may take appropriate steps to protect integrity and confidentiality.
The detailed online process is to be specified under the statutory regulatory framework.
Section 30 itself is not yet in force under the commencement notification dated 9 October 2023.

Related provisions

Section 30 follows Section 29 on limitation. It should also be read with the Act's provisions concerning confidentiality, mediation communications, pre-litigation mediation and the regulatory functions of the Mediation Council of India.

Legal reference: Mediation Act, 2023, Sections 1(3), 3(u), 22 and 30; Notification S.O. 4384(E), dated 9 October 2023.