Section 8 of the Mediation Act 2023 - Appointment of Mediators
Section 8 of the Mediation Act, 2023 sets out the enacted procedure for appointment of mediators. It recognises party autonomy in choosing a mediator and the appointment procedure, permits appointment of a person of any nationality subject to prescribed requirements for a foreign mediator, and provides a mechanism through a mediation service provider where the parties cannot agree.
Section 8 - Appointment of mediators
Unless otherwise agreed by the parties, a person of any nationality may be appointed as a mediator. A mediator of foreign nationality must possess such qualification, experience and accreditation as may be specified.
The parties are free to agree upon the name of the mediator and the procedure for appointment.
If the parties do not reach agreement on a matter referred to in Section 8(2), the party seeking initiation of mediation shall apply to a mediation service provider for appointment of a mediator.
On receiving an application under Section 8(3), the mediation service provider shall, within seven days, appoint the mediator agreed by the parties. If the parties are unable to agree on the appointment, or the mediator agreed by them refuses to act, the service provider shall appoint, with the mediator's consent, a mediator from the panel maintained by it.
A person appointed under Section 8(4)(i) shall communicate willingness or otherwise within seven days from receipt of the communication of appointment.
Who can be appointed as a mediator?
The enacted Section 8(1) does not restrict appointment to Indian nationals. Unless the parties agree otherwise, a person of any nationality may be appointed. For a mediator of foreign nationality, however, the proviso requires the qualification, experience and accreditation that may be specified under the statutory framework.
Choice of mediator and appointment procedure
Section 8(2) places party choice at the centre of the appointment process. Parties may agree both on the individual who will act as mediator and on the procedure by which the mediator will be appointed. This freedom operates subject to the other applicable provisions of the Act.
Appointment when parties cannot agree
Where no agreement is reached under Section 8(2), Section 8(3) directs the party seeking initiation of mediation to apply to a mediation service provider. Section 3(q) defines a "mediation service provider" by reference to the bodies and organisations specified in that provision.
Seven-day appointment procedure
Under Section 8(4), the mediation service provider must act within seven days of receiving the application. It appoints the mediator agreed by the parties, or, where agreement is absent or the agreed mediator refuses to act, appoints a consenting mediator from its panel. Section 8(5) separately requires the person appointed under Section 8(4)(i) to communicate willingness or otherwise within seven days from receipt of the appointment communication.
Related provisions on mediators
Section 8 should be read with Section 9, which addresses the preference of parties when a mediation service provider appoints a person from its panel, and Section 10, which deals with conflict of interest, disclosure, independence and impartiality. Sections 11 and 12 address termination and replacement of a mediator.
Official legal sources
Mediation Act 2023 - India Code official PDF
Related provisions: Section 7 - Court or tribunal referral | Section 9 - Preference of parties | Section 10 - Conflict of interest and disclosure