Eighth Schedule of Mediation Act 2023
The Eighth Schedule, read with Section 63 of the Mediation Act, 2023, amends the Companies Act, 2013 by substituting Section 442. The substituted provision enables specified company-law proceedings before the Central Government, Tribunal or Appellate Tribunal to be referred to mediation under the Mediation Act, 2023.
Legal basis: Section 63 of the Mediation Act 2023
Section 63 - Amendment of Act 18 of 2013: Section 63 provides that the Companies Act, 2013 shall be amended in the manner specified in the Eighth Schedule. The Eighth Schedule accordingly substitutes Section 442 of the Companies Act, 2013.
Text of the Eighth Schedule
THE EIGHTH SCHEDULE
(See section 63)
In the Companies Act, 2013 (18 of 2013), for section 442, the following section shall be substituted, namely:-
442. Reference to mediation
(1) Any of the parties to a proceedings before the Central Government, Tribunal or the Appellate Tribunal may, at any time apply to the Central Government, Tribunal or the Appellate Tribunal, as the case may be, in such form along with such fees, if any, as may be prescribed, for referring the matter pertaining to such proceedings for mediation and the Central Government, Tribunal or the Appellate Tribunal, as the case may be, shall refer the matter to mediation to be conducted under the provisions of the Mediation Act, 2023.
(2) Nothing in this section shall prevent the Central Government, Tribunal or the Appellate Tribunal before which any proceeding is pending from referring any matter pertaining to such proceeding suo motu to mediation to be conducted under the provisions of the Mediation Act, 2023 as the Central Government, Tribunal or the Appellate Tribunal, deems fit.
(3) The mediator or mediation service provider shall file the mediated settlement agreement arrived at between the parties with the Central Government or the Tribunal or the Appellate Tribunal under the Act.
(4) The Central Government or the Tribunal or the Appellate Tribunal shall pass an order or judgment making the said mediated settlement agreement as part thereof.
(5) The fee of the mediator shall be such as may be prescribed.
Meaning and effect of substituted Section 442
The substituted Section 442 creates a statutory route for mediation in proceedings before the Central Government, the Tribunal and the Appellate Tribunal under the Companies Act framework. A party may apply for reference to mediation, and the authority before which the proceeding is pending may also make a reference on its own motion.
Application by a party
Under sub-section (1), a party to the proceeding may apply at any time in the prescribed form and with the prescribed fee, if any. On such an application, the matter pertaining to the proceeding is to be referred for mediation conducted under the Mediation Act, 2023.
Suo motu reference
Sub-section (2) preserves the power of the Central Government, Tribunal or Appellate Tribunal to refer a matter pertaining to a pending proceeding to mediation on its own motion where it considers such reference appropriate.
Mediated settlement agreement
Under sub-section (3), the mediator or mediation service provider is to file the mediated settlement agreement reached by the parties with the relevant authority. Sub-section (4) then requires that authority to pass an order or judgment making the mediated settlement agreement part of it.
Mediator's fee
Sub-section (5) provides that the mediator's fee shall be as prescribed.
Related provision: Section 55 of the Mediation Act, 2023 deals with the overriding effect of the Act for the conduct of mediation or conciliation, subject to the enactments mentioned in the Second Schedule. Section 56 addresses mediations or conciliations commenced before the Act comes into force.
Official legal resources
For the authoritative statutory text and current legal position, refer to the official India Code text of the Mediation Act, 2023 and the Ministry of Corporate Affairs resources for the Companies Act, 2013.
This page is intended as a statutory reference and general legal information. Always verify notifications, commencement provisions, rules and subsequent amendments from official sources for a particular proceeding.