Enforcement of mediated settlement agreement
Section 27 of the Mediation Act, 2023 deals with enforcement of mediated settlement agreement. A mediated settlement agreement resulting from a mediation signed by the parties and authenticated by the mediator shall be final and binding on the parties and persons claiming under them respectively and enforceable as per the provisions of sub-section (2). The Act came into force on 09 Oct 2023.
(1) A mediated settlement agreement resulting from a mediation signed by the parties and authenticated by the mediator shall be final and binding on the parties and persons claiming under them respectively and enforceable as per the provisions of sub-section (2).
(2) Subject to the provisions of section 28, the mediated settlement agreement shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a judgment or decree passed by a court, and may, accordingly, be relied on by any of the parties or persons claiming through them, by way of defence, set off or otherwise in any legal proceeding.
Section 27, The Mediation Act, 2023 (Act 32 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Monalisa @ Monalisa Samantray v. Sunil Behera
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2025-08-08 (order-8.pdf): Transfer petition disposed after successful court-annexed mediation; Court holds mediation report/settlement terms legally binding under Mediation Act s.27 and directs parties to comply within four weeks and file compliance affidavit.
On this section: s.27 — mediated settlement agreement final/binding and enforceable as a court judgment/decree under CPC; compliance directions issued on that footing.
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Nisha Devi v. Gur Kirpal Singh @ Guddu
Court's Decision & Legal Precedent
DATE VERIFIED Judgment 2024-08-02 (order-1.pdf): Interprets Mediation Act s.27 enforcement framework alongside Dayawati — mediated settlement agreements authenticated under the Act are final/binding and enforceable as judgments/decrees, while explaining why criminal-mediation outcomes still need court acceptance before coercive recovery.
On this section: s.27 — MSA final/binding and CPC-enforceable as judgment/decree, subject to s.6 proviso for compoundable criminal mediations.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 27
What have the courts held on Section 27 of the Mediation Act?
Monalisa @ Monalisa Samantray v. Sunil Behera (08 Aug 2025) is the leading judgment on this section among those set out below: s.27 — mediated settlement agreement final/binding and enforceable as a court judgment/decree under CPC; compliance directions issued on that footing. Another 1 judgment on this section is set out below. They run from 2024 to 2025.
How do I find court cases under Section 27 of the Mediation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Mediation Act 2023 27, section 27 Mediation Act 2023, section 27 of the Mediation Act. People searching for it also type mediation act 2023 section 27. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Monalisa @ Monalisa Samantray v. Sunil Behera (08 Aug 2025).
What should I read with Section 27 of the Mediation Act, and has it changed?
Its own text turns on section 28 (Challenge to mediated settlement agreement), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 27 of the Mediation Act come into force?
Section 27 of the Mediation Act, cited as Mediation Act 2023 27, came into force on 09 Oct 2023, having been enacted on 14 Sep 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Definitions765 words
- 5. Pre-litigation mediation389 words
- 52. Power to make regulations349 words
- 32. Composition of Council324 words
- 38. Duties and functions of Council275 words
- 22. Confidentiality273 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.