Mediation service provider
Section 40 of the Mediation Act, 2023 deals with mediation service provider. "mediation service provider" includes-- (a) a body or an organisation that provides for the conduct of mediation under this Act and the rules and regulations made thereunder and is recognised by the Council; The Act came into force on 09 Oct 2023.
(1) "mediation service provider" includes--
(a) a body or an organisation that provides for the conduct of mediation under this Act and the rules and regulations made thereunder and is recognised by the Council; or
(b) an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987); or
(c) a court-annexed mediation centre; or
(d) any other body as may be notified by the Central Government:
Provided that the bodies referred to in clauses (b), (c) and (d) shall be deemed to be mediation service providers recognised by the Council.
(2) The mediation service provider shall be recognised by the Council in the manner as may be specified.
Section 40, 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.
Referred to by 2
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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Amit Walia v. Shweta Sharma
Court's Decision & Legal Precedent
Mediation Act 2023 s.40 defines mediation service providers to include court-annexed mediation centres (deemed recognised). Del HC, setting aside rejection of a commercial plaint for CCA s.12A non-compliance, held that pre-institution mediation before the Delhi High Court Mediation and Conciliation Centre (Samadhan) complied with the spirit of CCA s.12A, reading s.40’s recognition of court-annexed centres as reinforcing that DHCMCC is an appropriate mediation forum (body date 06.10.2023 matches index; cache false-positive date warning disregarded). Does not invent CPC O7 R11 as a mapped unit.
On this section: s.40 — Mediation service provider includes court-annexed mediation centres; used to validate DHCMCC pre-institution mediation
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 40
What have the courts held on Section 40 of the Mediation Act?
Amit Walia v. Shweta Sharma (06 Oct 2023) is the leading judgment on this section among those set out below: s.40 — Mediation service provider includes court-annexed mediation centres; used to validate DHCMCC pre-institution mediation.
How do I find court cases under Section 40 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 40, section 40 Mediation Act 2023, section 40 of the Mediation Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Amit Walia v. Shweta Sharma (06 Oct 2023).
What should I read with Section 40 of the Mediation Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 40 of the Mediation Act come into force?
Section 40 of the Mediation Act, cited as Mediation Act 2023 40, 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.