As we all know, the new Mediation Act, 2023 was enacted in September, 2023. We are now in April 2025. This counts to over 18 months – roughly twice the time-span of a human delivery – and we still do not have the Act being implemented.

And when it does get implemented, a major concern is whether it will serve the purpose of affording easy and effective access to this dispute resolution mechanism across the social spectrum. At first glance, the Act stands little chance of assuring the effective part. The simple reason is that Mediation is a facilitated process for a conversation between parties. This facilitation requires presence of a mediator trained for the purpose. The prevalent regulations suggest that persons who are holding certain qualifications are deemed to be mediators and hence are not required to take any mediation training. The situation under the new Act – when implemented – does not seem to be any different. Not unless the Rules to be framed under the Act stipulate some qualifications, like CPD, for even those who are initially deemed to be mediators.

Tongue-in-cheek, even if this above suggestion is not considered and incorporated in the anticipated Rules to be framed by the Mediation Council, it does not take away from mediation the perennial truth, which is:

MEDIATION is a Win-Win process!

If parties settle, they win.

If not, the lawyers!

~ Prathamesh D Popat