- Why in news
- On 13 August 2026, the Law Ministry told the Rajya Sabha that the Government is promoting mediation and other ADR methods. It cited the Mediation Act, 2023, pre-institution mediation and NALSA's work, with figures as of March 2026.
- What it is
- The Mediation Act, 2023 gives India a statutory framework for mediation, including institutional and community mediation. It also provides for a Mediation Council of India and for enforcing mediated settlement agreements. Pre-institution mediation is a separate, earlier requirement under Section 12A of the Commercial Courts Act, 2015.
- Section 12A, Commercial Courts Act, 2015
- Mandatory pre-institution mediation and settlement for commercial disputes of specified value before filing a suit. Urgent relief cases are excepted.
- Who conducts PIMS
- Authorities set up under the Legal Services Authorities Act, 1987 must conduct PIMS under the Commercial Courts Act.
- Community mediation
- Section 43 allows community mediation for disputes likely to affect peace, harmony and tranquillity among residents or families of a locality.
- Mediation infrastructure, March 2026
- There are 452 ADR Centres and 1,394 Mediation Centres across the country.
- MCPC funding
- NALSA funds the Supreme Court's Mediation and Conciliation Project Committee from central grants-in-aid. MCPC trains lawyers as mediators.
Don’t confuse with Mediation Act, 2023 vs Section 12A, Commercial Courts Act: The Mediation Act is a general framework law. Section 12A is the mandatory pre-suit mediation rule for commercial disputes only.
Don’t confuse with Mediation vs arbitration: A mediator helps parties reach their own settlement. An arbitrator decides the dispute with a binding award.
Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.
Why it matters
- Mediation eases court pendency by settling disputes before or outside trial.
- It is less adversarial and supports faster, cheaper, amicable resolution, including in commercial and community disputes.
Problems
- Few trained mediators and uneven awareness across States.
- Mandatory pre-suit mediation can add delay if parties do not engage in good faith.
Way forward
- Expand training and accreditation of mediators, and set up the Mediation Council of India fully.
- Raise public and lawyer awareness through legal services authorities and High Courts.
Put in your answer
Section 12A, Commercial Courts Act: Example of mandatory pre-litigation mediation, aimed at keeping amicably settled disputes out of court.
- 2015Mains GS2 · Q6Major Arbitration Act changes and their dispute-resolution impact
- 2024Mains GS2 · Q2Distinguish Lok Adalats and Arbitration Tribunals; their case jurisdiction
UPSC’s own questions that come close to this issue, from our Prelims and Mains banks.
Prelims practice · Single answer
Ours, not from a UPSC paper
With reference to mediation in India, consider the following statements: 1. Section 12A of the Commercial Courts Act, 2015 makes pre-institution mediation mandatory for commercial disputes of specified value, with an exception where urgent relief is contemplated. 2. Authorities set up under the Legal Services Authorities Act, 1987 are required to conduct pre-institution mediation under the Commercial Courts Act. 3. The Mediation Council of India is provided for under Section 31 of the Mediation Act, 2023. 4. Community mediation under the Mediation Act, 2023 is provided for by Section 12A. How many of the above statements are correct?
How many of the above statements are correct?
True or false?
1 of 5
Statements the way Prelims prints them. Say first, then see the fact.
1.Section 12A of the Commercial Courts Act, 2015 makes pre-institution mediation mandatory for commercial disputes of specified value.
True. Section 12A requires PIMS before a suit in specified-value commercial disputes.
2.Pre-institution mediation under the Commercial Courts Act cannot be bypassed even where the party seeks urgent relief.
False. Cases where urgent relief is contemplated are excepted from the PIMS requirement.
3.Authorities set up under the Legal Services Authorities Act, 1987 are required to conduct PIMS under the Commercial Courts Act.
True. Legal services authorities conduct PIMS.
4.The Mediation Council of India's functions under the Act include recognising mediation service providers.
True. It promotes mediation and recognises mediation service providers.
5.The Mediation and Conciliation Project Committee is constituted by NALSA and trains judicial officers only.
False. MCPC is constituted by the Supreme Court of India, funded by NALSA, and trains lawyers as mediators.
Written by us from the release, not by UPSC; checked by a second model.
Mains practice
15 marks · 250 words
The Law Ministry has told Parliament that the Government is promoting mediation through the Mediation Act, 2023, mandatory pre-institution mediation under the Commercial Courts Act, 2015 and NALSA's network of Mediation Centres. Examine the key provisions of the Mediation Act, 2023 and discuss the challenges in making mediation an effective alternative to litigation in India.
Worth revising until Prelims 2028: most news questions come within two years of the event.