Section 42 of Mediation Act 2023 - Mediation Institutes

Section 42 of the Mediation Act, 2023 provides for recognition of mediation institutes by the Mediation Council of India. A mediation institute is intended to support the professional development of mediators through training, continuing education and certification, together with other functions assigned under the Act and regulations.

Commencement status: The Mediation Act, 2023 received Presidential assent on 14 September 2023 and was published in the Gazette on 15 September 2023. Section 1(3) permits different provisions to commence on different dates. Notification S.O. 4384(E) dated 9 October 2023 brought Sections 1, 3, 26, 31 to 38, 45 to 47, 50 to 54 and 56 to 57 into force. Section 42 was not included in that commencement notification. Accordingly, Section 42 is an enacted provision but should not be described as operative unless brought into force by an applicable subsequent notification.

Text of Section 42 - Mediation institutes

42. Mediation institutes. The Council shall recognise mediation institutes to perform such duties and exercise such functions as may be specified.

Meaning of mediation institute under the Mediation Act

Section 3(l) defines a mediation institute as a body or organisation that provides training, continuous education and certification of mediators and carries out such other functions under the Act. This definition gives Section 42 its practical context: the recognised institute is intended to form part of the professional and institutional framework for developing qualified mediators.

Role of the Mediation Council of India

Section 42 places recognition of mediation institutes with the Mediation Council of India. The Council is the statutory body contemplated by Section 31. Its functions under Section 38 include laying down guidelines for continuous education, certification and assessment of mediators and recognising mediation institutes and mediation service providers.

Recognition under Section 42 is therefore linked to the wider regulatory framework of the Council. The statutory provision itself is concise, while the detailed criteria and functions are intended to be supplied through regulations made under the Act.

Recognition criteria under Section 52

Section 52 empowers the Council, with the previous approval of the Central Government, to make regulations consistent with the Act and the rules. In particular, Section 52(2)(m) permits regulations concerning the criteria for recognition of mediation institutes and mediation service providers.

This means that Section 42 should be read together with the regulatory power under Section 52. Recognition is not merely a descriptive status; the detailed eligibility, standards or other requirements may be prescribed through valid regulations made under the statutory framework.

Duties and functions of mediation institutes

Section 42 states that recognised mediation institutes are to perform such duties and exercise such functions as may be specified. Section 3(l) expressly identifies three core areas associated with a mediation institute:

Training of mediators: providing structured learning and professional preparation for persons undertaking mediation.
Continuous education: supporting ongoing learning and professional development after initial training.
Certification of mediators: performing certification-related functions within the statutory and regulatory framework.

Section 52(2)(q) specifically authorises regulations concerning the duties and functions to be performed by mediation institutes under Section 42. The exact regulatory duties should therefore be checked against the latest valid regulations whenever Section 42 is brought into operation.

Mediation institute and mediation service provider - difference

The Act treats a mediation institute and a mediation service provider as separate concepts. A mediation institute is defined principally by its role in training, continuing education and certification of mediators. A mediation service provider under Section 40 is concerned with institutional mediation services, while Section 41 lists functions such as accrediting mediators, maintaining panels, providing mediator services, infrastructure and facilitating registration of mediated settlement agreements.

The two types of institutions may contribute to the same mediation ecosystem, but their statutory roles are distinct and should not be used interchangeably.

Why Section 42 is important

Section 42 supports professionalisation and quality development in mediation. By providing for Council-recognised mediation institutes, the Act creates a statutory basis for an organised system of mediator training, continuing education and certification. The provision is also connected with the Council's responsibility to establish professional standards and a structured institutional framework for mediation in India.

Related provisions

Section 3(l): definition of mediation institute.
Section 31: establishment of the Mediation Council of India.
Section 38: functions of the Council, including functions relating to mediator education, certification and recognition of institutions.
Sections 40 and 41: mediation service providers and their functions.
Section 52(2)(m): regulations concerning criteria for recognition of mediation institutes and mediation service providers.
Section 52(2)(q): regulations concerning duties and functions of mediation institutes under Section 42.

Official legal sources

For authoritative legal text and current implementation status, the Mediation Act, 2023 should be read with the Official Gazette, commencement notifications, rules and regulations issued under the Act.

Department of Legal Affairs - Mediation Act, 2023 official text

Legislative Department - Mediation Act, 2023

e-Gazette of India - official notifications