Pre-litigation mediation
Section 5 of the Mediation Act, 2023 deals with pre-litigation mediation. Subject to other provisions of this Act, whether any mediation agreement exists or not, the parties before filing any suit or proceedings of civil or commercial nature in any court, may voluntarily and with mutual consent take steps to settle the disputes by pre-litigation mediation in accordance wi The Act came into force on 09 Oct 2023.
(1) Subject to other provisions of this Act, whether any mediation agreement exists or not, the parties before filing any suit or proceedings of civil or commercial nature in any court, may voluntarily and with mutual consent take steps to settle the disputes by pre-litigation mediation in accordance with the provisions of this Act:
Provided that pre-litigation mediation in matters of commercial disputes of Specified Value shall be undertaken in accordance with the provisions of section 12A of the Commercial Courts Act, 2015 (4 of 2016), and the rules made thereunder.
(2) The provisions of sub-section (1) shall be applicable to the tribunals notified by the Central Government or a State Government, as the case may be.
(3) For the purposes of sub-sections (1) and (2), unless otherwise agreed upon by the parties, a mediator,--
(i) registered with the Council; or
(ii) empanelled by a court-annexed mediation centre; or
(iii) empanelled by an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987); or
(iv) empanelled by a mediation service provider recognised under this Act, shall conduct pre-litigation mediation.
(4) For conducting pre-litigation mediation under clauses (ii) and (iii) of sub-section (3), a party may request any person designated for this purpose by the High Courts, or an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987), as the case may be.
(5) The court-annexed mediation centre and an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987), shall maintain a panel of mediators for the purposes of pre-litigation mediation.
(6) Notwithstanding anything contained in sub-sections (1) and (2) and the Motor Vehicles Act, 1988 (59 of 1988), when an application for compensation arising out of an accident is made before the Claims Tribunal, if the settlement as provided for in section 149 of that Act is not arrived at between the parties, the Claims Tribunal shall refer the parties for mediation to a mediator or mediation service provider under this Act.
(7) Where the parties arrive at a settlement agreement under sub-section (6), it shall be placed before the Claims Tribunal for its consideration.
(8) If the parties do not reach to settlement agreement under sub-section (6), a non-settlement report prepared by the mediator shall be forwarded to the Claims Tribunal, which has referred the matter for mediation, for adjudication.
Section 5, 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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Babasaheb Neelkanth Kalyani v. Sugandha Hiremath & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Judgement 2026-05-04 (order-15.pdf) via get_order_ai_analysis — index and body agree (reserved 29.04.2026; pronounced 04.05.2026). Mediation Act s.5 uses 'may voluntarily and with mutual consent' — even read for legislative intent while not notified, it shows mediation is consensual; court cannot thrust mediation on an unwilling party. Distinguish Commercial Courts Act s.12A mandatory pre-institution mediation. Prior failed settlement attempts + absence of concrete proposal => no real possibility of settlement; referral refused; suit to proceed.
On this section: s.5 pre-litigation mediation is voluntary/mutual-consent based; unlike Commercial Courts s.12A, civil court cannot mandate mediation without party consent.
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 5
What have the courts held on Section 5 of the Mediation Act?
Babasaheb Neelkanth Kalyani v. Sugandha Hiremath & Ors. (04 May 2026) is the leading judgment on this section among those set out below: s.5 pre-litigation mediation is voluntary/mutual-consent based; unlike Commercial Courts s.12A, civil court cannot mandate mediation without party consent.
How do I find court cases under Section 5 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 5, section 5 Mediation Act 2023, section 5 of the Mediation Act. People searching for it also type mediation act no 5 of 2024. 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 Babasaheb Neelkanth Kalyani v. Sugandha Hiremath & Ors. (04 May 2026).
What should I read with Section 5 of the Mediation Act, and has it changed?
Its own text turns on Commercial Courts Act 12A (Pre-Institution Mediation and Settlement), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 5 of the Mediation Act come into force?
Section 5 of the Mediation Act, cited as Mediation Act 2023 5, 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
- 52. Power to make regulations349 words
- 32. Composition of Council324 words
- 38. Duties and functions of Council275 words
- 22. Confidentiality273 words
- 43. Community mediation263 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.