Functions of mediation service providers
Section 41 of the Mediation Act, 2023 deals with functions of mediation service providers. The mediation service providers shall perform the following functions, namely:-- (a) accredit mediators and maintain panel of mediators; The Act came into force on 09 Oct 2023.
The mediation service providers shall perform the following functions, namely:--
(a) accredit mediators and maintain panel of mediators;
(b) provide the services of mediator for conduct of mediation;
(c) provide all facilities, secretarial assistance and infrastructure for the efficient conduct of mediation;
(d) promote professional and ethical conduct amongst mediators;
(e) facilitate registration of mediated settlement agreements in accordance with the provisions of section 20; and
(f) such other functions as may be specified.
Section 41, 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
Referred to by 1
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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Vallabh Corporation v. SMS India Pvt. Ltd.
Court's Decision & Legal Precedent
Amended MSMED s.18(2) directs the Facilitation Council to conduct mediation itself or refer to a mediation service provider under the Mediation Act, 2023, with conduct governed by that Act; where the Council neither mediates nor refers to such a provider, the statutory mediation-service-provider pathway fails and court appointment under Arbitration Act s.11(6) is available.
On this section: Applies Mediation Act mediation-service-provider framework (s.41 functions / s.40 provider) as the MSMED s.18 mediation channel, teaching the Act’s integration into special statutory ADR.
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 41
What have the courts held on Section 41 of the Mediation Act?
Vallabh Corporation v. SMS India Pvt. Ltd. (17 Mar 2025) is the leading judgment on this section among those set out below: Applies Mediation Act mediation-service-provider framework (s.41 functions / s.40 provider) as the MSMED s.18 mediation channel, teaching the Act’s integration into special statutory ADR.
How do I find court cases under Section 41 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 41, section 41 Mediation Act 2023, section 41 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 Vallabh Corporation v. SMS India Pvt. Ltd. (17 Mar 2025).
What should I read with Section 41 of the Mediation Act, and has it changed?
Its own text turns on section 20 (Registration of mediated settlement agreement), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 41 of the Mediation Act come into force?
Section 41 of the Mediation Act, cited as Mediation Act 2023 41, 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 18 Oct 2026. This page is not a substitute for legal advice.