Section 6 of the Mediation Act 2023 - Disputes or Matters Not Fit for Mediation

Section 6 of the Mediation Act, 2023 identifies the statutory restriction on mediation of disputes or matters appearing in the indicative list in the First Schedule. It also preserves a court's ability, where appropriate, to refer disputes concerning compoundable offences, including compoundable matrimonial offences, to mediation.

Commencement status: Section 1(3) of the Mediation Act, 2023 permits different provisions to be brought into force on different dates. The notification dated 9 October 2023 brought specified provisions into force but did not include Section 6. As of 3 October 2026, the official India Code material reviewed for this update continues to identify that commencement notification. This article therefore explains the enacted text of Section 6; users should verify any later notification under Section 1(3) before relying on its operative status.

Section 6 - Statutory provision explained

Section 6(1)

A mediation under the Act shall not be conducted for resolution of any dispute or matter contained in the indicative list under the First Schedule.

First proviso to Section 6(1)

The restriction does not prevent a court, if it considers it appropriate, from referring to mediation a dispute relating to compoundable offences, including matrimonial offences that are compoundable and pending between the parties.

Second proviso to Section 6(1)

The outcome of mediation concerning such compoundable offences is not deemed to be a judgment or decree of the court referred to in Section 27(2). The outcome must instead be considered by the court in accordance with the law for the time being in force.

Section 6(2)

If the Central Government is satisfied that it is necessary or expedient to do so, it may amend the First Schedule by notification.

Meaning of disputes not fit for mediation

The First Schedule is described by Section 6 as an "indicative list." The enacted statutory scheme therefore requires Section 6 to be read together with the First Schedule when considering whether a particular dispute or matter falls within the categories identified as not fit for mediation under the Act.

Compoundable offences and matrimonial disputes

The first proviso creates an express qualification to the general restriction in Section 6(1). A court may, where it considers referral appropriate, send a dispute relating to a compoundable offence to mediation. The provision expressly includes matrimonial offences that are compoundable and pending between the parties.

Effect of a mediation outcome in compoundable offences

The second proviso makes clear that an outcome reached in mediation under the first proviso does not automatically acquire the status of a judgment or decree contemplated by Section 27(2). The court must further consider the mediated outcome according to the law applicable to the proceedings.

Power to amend the First Schedule

Section 6(2) authorises the Central Government to amend the First Schedule by notification where it is satisfied that doing so is necessary or expedient. For current application, the statutory text should therefore be read with any subsequent official notification amending the Schedule.

Official legal sources

India Code - Mediation Act 2023

Mediation Act 2023 - Official PDF

Department of Legal Affairs - Ministry of Law and Justice

e-Gazette of India