Territorial jurisdiction to undertake mediation

Section 13 of the Mediation Act, 2023 deals with territorial jurisdiction to undertake mediation. Every mediation under this Act shall be undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction to decide the subject matter of dispute: Provided that on the mutual consent of the parties, mediation may be conducted at any place outside the territorial juris The Act came into force on 09 Oct 2023.

Every mediation under this Act shall be undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction to decide the subject matter of dispute:

Provided that on the mutual consent of the parties, mediation may be conducted at any place outside the territorial jurisdiction of the court or tribunal, or by way of online mediation.

Explanation.-- For the removal of doubts, it is clarified that where the parties agree to conduct the mediation at any place outside the territorial jurisdiction or online, for the purpose of enforcement, challenge and registration of the mediated settlement agreement, the same shall be deemed to have been undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction.

Section 13, The Mediation Act, 2023 (Act 32 of 2023).