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Home › Find an Advocate › Mediation

Mediation in India: three different mediations, and only one of them is voluntary.

Almost every page written about mediation in India since 2023 opens by saying it is voluntary, and then describes the Mediation Act as though it governs what happens to you. Both of those statements need checking, and when you check them the subject becomes much more useful: there are three separate mediations with three separate rule-books, and the difference between them is what happens if you decide not to take part.

Asking is free Written on 4 October 2026 Commencement checked, not assumed
Is mediation voluntary in India, and which law governs it?It depends which of three mediations you are in. Pre-litigation mediation, taken up by choice before anything is filed, is voluntary and happens with mutual consent. Pre-institution mediation before a commercial suit of Specified Value is mandatory under section 12A of the Commercial Courts Act 2015, and the Supreme Court held in Patil Automation, (2022) 10 SCC 1, that compliance is jurisdictional and a plaint filed without it is liable to be rejected; in Dhanbad Fuels, 2025 INSC 696, that consequence was held to apply prospectively from 20 August 2022. Mediation ordered by a court in a pending case under section 89 of the Code of Civil Procedure does not require consent at all: the Supreme Court said in Afcons, (2010) 8 SCC 24, that a reference to arbitration needs an agreement between the parties but mediation does not. The Mediation Act 2023 provides a complete framework, but the commencement notification we could find, of 9 October 2023, brought into force only sections 1, 3 and 26, 31 to 38, 45 to 47, 50 to 54 and 56 to 57 — the regulator and the rule-making machinery, not the operative chapters on pre-litigation mediation, confidentiality, enforcement or challenge. We could not find a later notification, and the authoritative place to check is the commencement footnote to section 1 on the India Code site.

Three mediations, not one

The word covers three arrangements that have almost nothing procedurally in common. Sorting out which one you are in is not an academic exercise; it decides whether your absence costs you nothing, costs you your suit, or is reported to the judge hearing your case.

One

You choose it

Pre-litigation mediation, before anything is filed anywhere.

Voluntary, by mutual consent.

If you do not go, it does not happen.

Two

The statute requires it

Pre-institution mediation before a commercial suit of Specified Value, under section 12A.

Mandatory. The Supreme Court calls compliance jurisdictional.

Skip it and the plaint is liable to be rejected.

Three

A court sends you

Reference under section 89 of the Code of Civil Procedure, or in a family matter under the family court’s own duty to attempt settlement.

No consent of yours required.

Non-appearance goes back to the judge in a report.

How to tell which one you are in

Look at what arrived and who sent it.

If nothing has been filed in any court and you or the other side are proposing to try settling, that is the first kind. If you are about to sue on a commercial dispute above the Specified Value and somebody has told you to do mediation first, that is the second. If you have a case running and an order or a notice has referred the matter to a mediation centre, that is the third.

A useful tell: the second and third kinds almost always come with a reference number, a date and a place. The first kind is a conversation.

The word voluntary, and where it is true

It is true of the first kind, and the Act says so: whether or not a mediation agreement exists, parties before filing a suit or proceeding of a civil or commercial nature may voluntarily and with mutual consent take steps to settle by pre-litigation mediation. We are paraphrasing the section rather than quoting it, deliberately, for reasons that will become clear two headings down.

It is not true of the second kind, which is a precondition to filing. And it is not true of the third, which is the finding most people find surprising and which the Supreme Court made plain fifteen years ago. We come to it below.

The Mediation Act 2023

India now has a standalone mediation statute. Act 32 of 2023 received assent on 14 September 2023 and is a complete framework on paper: a mediation agreement, voluntary pre-litigation mediation, a power for a court or tribunal to refer parties, the appointment and role of mediators, time limits, the settlement agreement and its registration, a non-settlement report, confidentiality, privilege, costs, enforcement, the grounds of challenge, limitation, online mediation, a Mediation Council, community mediation and a Mediation Fund.

It is a good statute and the profession was waiting for it. The question this page asks, which almost nothing else written about it asks, is a duller one: how much of it has been switched on.

What is actually in force

An Act of Parliament does not necessarily come into force when it is passed. Section 1 of this one says it comes into force on a date the Central Government notifies, and the government may notify different dates for different provisions. That is ordinary. What is not ordinary is how little of this Act the notification we could find actually brought in.

Brought into force on 9 October 2023

  • Section 1 — short title, extent and commencement
  • Section 3 — definitions
  • Section 26 — Lok Adalat proceedings not affected
  • Sections 31 to 38 — the Mediation Council
  • Sections 45 to 47 — Mediation Fund, accounts and audit, government directions
  • Sections 50 to 54 — protection, rule-making and regulations
  • Sections 56 to 57 — application and transitory provisions

Not in that notification

  • Section 5 — pre-litigation mediation
  • Section 6 — disputes not fit for mediation
  • Section 7 — power of a court to refer parties to mediation
  • Section 18 — the time limit
  • Sections 19 to 21 — settlement agreement, registration, non-settlement report
  • Sections 22 and 23 — confidentiality and privilege
  • Sections 27 and 28 — enforcement and challenge

What that means for everything you have read

In other words, what was switched on is the regulator, the fund and the power to make rules. What was not switched on, on the face of that notification, is the entire process the Act describes.

That is awkward for a great deal of what has been published since 2023, including articles that tell you what your rights are under section 27 or what grounds you have under section 28. Those sections say what they say. Whether they are operating is a separate question, and it is the first one to ask about any new statute.

Said carefully, because it matters

We are not telling you that the operative chapters of the Mediation Act are not in force. We are telling you that the commencement notification we could trace, dated 9 October 2023, did not include them, that we looked for a later one and did not find it, and that we may have missed it. Two independent sources give the same list of sections for that notification.

This is exactly the kind of thing that should be checked against the primary record rather than taken from any article, this one included. The next heading says how.

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How to check this yourself in one minute

Open the Mediation Act 2023 on the government's India Code site and look at the footnote attached to section 1. Indian bare Acts published there carry a commencement footnote recording each notification and the sections it brought into force, and it is kept current.

That footnote is the answer. If it shows a notification later than October 2023 covering sections 4 to 30, then the operative chapters are in force and this part of our page is out of date; go by the footnote. If it does not, you now know something that a great deal of confident writing about this Act does not reflect.

We mention this because it is a transferable habit. Any time somebody tells you that a new Act gives you a right, the first question is not what the section says. It is whether that section has been notified.

The provision that is in force, and what it says

There is a small irony worth printing. Of the substantive provisions, one of the few that was switched on is section 26, headed that proceedings of Lok Adalat and Permanent Lok Adalat are not to be affected. Its effect is that the Act does not apply to proceedings conducted by a Lok Adalat or a Permanent Lok Adalat under the Legal Services Authorities Act 1987.

So the two systems run alongside each other rather than one absorbing the other. If your matter has been listed in a Lok Adalat, the Mediation Act is not the statute you are looking for, and what you need is on our page on Lok Adalats, where the finality is much harsher: an award there is a deemed decree against which no appeal lies to any court.

The Council that arrived in August 2026

The Mediation Council of India was established on 27 August 2026 by a notification of the Ministry of Law and Justice under section 31(1), with its head office in Delhi, as a body corporate with perpetual succession and the usual powers to hold property, contract and sue.

That is recent — a matter of weeks before this page was written. The Council is the body meant to register mediators, recognise mediation service providers and set standards. It matters to the commencement question because the Act's own description of who may conduct a pre-litigation mediation refers to a mediator registered with the Council, and for nearly three years there was no Council to register with.

We are not asserting that this is why the operative chapters were not notified. We are pointing out that the two facts sit next to each other, and that anybody waiting for the Act to start working should watch what the Council does next.

So what is actually governing your mediation

Mostly the law that was there before, which is why nothing has felt different on the ground.

A court-referred mediation runs on section 89 of the Code of Civil Procedure, the rules the High Court has framed for its own mediation centres, and the Supreme Court's guidance. A commercial pre-institution mediation runs on section 12A of the Commercial Courts Act 2015 and the rules under it. A matrimonial matter runs additionally on the Family Courts Act 1984 and the practice of the family court. A mediation the parties arrange privately runs on their own agreement.

This is the practical answer to a question people ask in frustration: if there is a new Act, why does my mediation look exactly like it did in 2019? Because for the purposes of your mediation, it probably is 2019.

What the Act says cannot be mediated

Even where the Act is not operating, its First Schedule is useful as a statement of what Parliament thought unfit for mediation, and it tracks the case law closely.

Disputes the law prohibits from being mediated. Claims involving minors, deities, persons of unsound mind or with disabilities, and suits for declaration of title against the government. Criminal prosecutions. Proceedings about professional misconduct. Disputes affecting the rights of third parties, with an exception where a child's interest in a matrimonial matter is concerned. Matters before the National Green Tribunal. Direct and indirect tax disputes. Proceedings before the competition, telecom, electricity and petroleum regulators. Securities proceedings. Land acquisition disputes. And anything else the Central Government notifies.

The Act does allow a court to refer a compoundable offence to mediation as an exception, which is the door through which matrimonial criminal complaints travel.

The mediation you cannot avoid

Section 12A of the Commercial Courts Act 2015 is the hard one. In a commercial dispute of Specified Value, a plaintiff must exhaust pre-institution mediation before filing the suit, unless the suit contemplates urgent interim relief. There is no equivalent requirement in ordinary civil litigation, which is why most people have never heard of it until it is pointed out at the filing counter.

The mediation is conducted through the authority notified for the purpose, which in most states is the state or district legal services authority, under rules framed for it.

Made jurisdictional in 2022

For some years courts differed on whether section 12A was directory or mandatory. The Supreme Court settled it in M/s Patil Automation Private Limited v. Rakheja Engineers Private Limited, (2022) 10 SCC 1.

The holding is severe and worth stating without softening. A commercial suit instituted without exhausting pre-institution mediation is liable to be rejected. Compliance is a jurisdictional matter, and the court cannot cure the defect afterwards by sending the parties off to mediation once the suit is on file. Rejection is under Order VII Rule 11, which means the plaint goes, not the hearing date.

Why this is different from every other procedural slip

Most defects in Indian civil procedure are curable. You amend, you pay costs, you file the missing affidavit. This one is not treated that way. If the step was required and you did not take it, the plaint is liable to be rejected and you start again — with whatever has happened to limitation in the meantime.

And softened in 2025

The sharp edge of Patil Automation was the fate of suits already on file. The Supreme Court addressed it in M/s Dhanbad Fuels Private Limited v. Union of India, 2025 INSC 696, decided on 15 May 2025 by Justices J.B. Pardiwala and R. Mahadevan.

The Court held that rejection of a plaint for non-compliance with section 12A applies prospectively from 20 August 2022. Its reasoning was the maxim that the law does not compel the impossible: in many places the mediation machinery simply did not exist earlier, and suits were not to be thrown out for failing to use something that was not there. It also made clear that a claim of urgent interim relief must not be used as a loophole to bypass mediation.

So the position is: before 20 August 2022, non-compliance does not get your plaint rejected. After it, it does.

The urgent interim relief exception

The section's only statutory escape is a suit that contemplates urgent interim relief. It is narrow, and it is tested rather than taken on trust.

This is where a great deal of commercial litigation strategy now sits, because the exception is the difference between filing today and filing in three or four months. Courts are alert to it for exactly that reason.

The camouflage test

In Yamini Manohar v. T.K.D. Keerthi, 2023 SCC OnLine SC 1382, the Supreme Court addressed the obvious problem: that a plaintiff can draft a prayer for interim relief into any plaint.

The Court's answer was that the mere contemplation of urgent interim relief should not be a guise for circumventing the statutory requirement, and that the commercial court should examine the plaint, the documents and the facts to satisfy itself that urgent relief is genuinely contemplated. If it is camouflage, section 12A applies and the suit cannot proceed on that footing.

The practical consequence for a plaintiff is that the urgency has to be visible in the pleading and the documents, not merely in the prayer clause.

Delay, and a continuing wrong

A defendant's standard answer to a claim of urgency is that the plaintiff sat on it. The Supreme Court addressed that in October 2025, in a case about intellectual property infringement: Novenco Building & Industry v. Xero Energy Engineering Solutions, 2025 INSC 1256, decided on 27 October 2025.

The Court held that delay in filing does not automatically extinguish urgency where the infringing acts are continuous, because urgency arises from the persistence of the threat rather than from when the cause of action first arose. Continuing infringement causes recurring harm, and in that setting mediation first would delay a remedy that only works if it is quick.

Read that for what it is: a judgment about continuing wrongs. If the harm was one completed act and you waited a year, the same reasoning does not help you.

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How a section 12A mediation actually runs

You apply to the notified authority. The other side is called. If it does not appear, or appears and does not engage, a non-starter report is issued and you are then free to file your suit, having exhausted the requirement. If both sides engage, the mediation runs on a timetable set by the rules and either produces a settlement or a report that it failed.

Two practical points. First, the piece of paper you need at the filing counter is the report, so whatever happens, obtain it and keep it. Second, the application is time-sensitive in a way people underestimate, because the clock on your claim does not stop being a problem while you are waiting for a date.

The mediation a court can order without asking

Section 89 of the Code of Civil Procedure lets a court, where it appears that there exist elements of a settlement acceptable to the parties, formulate the terms, give them to the parties for observations, and refer the matter to arbitration, conciliation, judicial settlement including through a Lok Adalat, or mediation.

Here is the part that surprises people. The consent requirement is not the same for all four.

“If there is no agreement between the parties for reference to arbitration, the court cannot refer the matter to arbitration under Section 89.”

Afcons Infrastructure Ltd v. Cherian Varkey Construction Co (P) Ltd, (2010) 8 SCC 24, 26 July 2010

Arbitration requires agreement because it substitutes a private adjudicator for the court. Mediation does not decide anything, so a court may direct it. That is the whole logic, and it is why “mediation is voluntary” is a half-truth in a pending case.

The drafting error nobody has fixed

The same judgment contains one of the odder passages in Indian civil procedure. The Court found that the definitions in section 89 had been written the wrong way round.

“the definitions of ‘judicial settlement’ and ‘mediation’ in Clauses (c) and (d) of Section 89(2) shall have to be interchanged to correct the draftsman’s error.”

Afcons Infrastructure Ltd v. Cherian Varkey Construction Co (P) Ltd, (2010) 8 SCC 24

So the statute as printed says one thing and the law is the opposite, because the Supreme Court read it as it must have been intended. Sixteen years on, the bare section still reads the way it did. If you are ever reading section 89 cold and it seems to make no sense, that is why.

The cases held unsuitable

Afcons also set out categories of case that should not normally be sent to any alternative process. Representative suits involving a public interest. Election disputes for public offices. Matters where the court has to hold its own inquiry before it can make an order, such as probate and letters of administration. Cases with serious and specific allegations of fraud, fabrication of documents, forgery, impersonation or coercion. Cases needing the court's protection, involving minors, deities, or title against the government. And criminal prosecutions.

The fraud category gets misquoted constantly. It is not every case in which somebody alleges bad faith. It is serious and specific allegations of the kind listed, which the court has to decide rather than have bargained away.

And the ones held suitable

Four broad groups, and the list is a fair guide to what mediation is actually good at.

Disputes of trade, commerce and contract, including money claims, specific performance, supplier and customer, banker and customer, landlord and tenant, and insurance. Disputes arising from strained relationships: matrimonial, maintenance, custody, partition, partnership. Disputes where the relationship has to continue afterwards: neighbours, employment, members of a society. And tortious liability and consumer disputes.

The thread running through the second and third groups is the one courts actually care about. Where the parties will still be in each other's lives after the case ends, a judgment settles the question and not the problem.

Family matters, where settlement is the court’s own duty

A family court is not neutral about settlement. The Family Courts Act 1984 requires it, in the first instance, to make an effort to assist and persuade the parties to arrive at a settlement, and gives it power to adjourn proceedings for that purpose. That is why a mediation reference in a matrimonial matter is routine rather than exceptional, and why it often happens before anything else does.

What usually gets settled there is everything around the relief: maintenance and arrears, return of articles, custody and access, withdrawal of connected proceedings. Our pages on family court proceedings and custody deal with what those terms have to contain to be workable.

Mediation in a 498A complaint

A criminal complaint is in the unsuitable list, and yet matrimonial criminal complaints are referred to mediation every day. The reconciliation is a direction of the Supreme Court in February 2013.

“criminal courts dealing with the complaint under Section 498-A of the IPC should, at any stage and particularly, before they take up the complaint for hearing, refer the parties to mediation centre if they feel that there exist elements of settlement and both the parties are willing.”

K. Srinivas Rao v. D.A. Deepa, Supreme Court, 22 February 2013

Two conditions, not one: elements of settlement, and both parties willing. People repeating this direction usually drop the second. The Court added in the same passage that in doing this, courts must take care that the rigour, purport and efficacy of the provision is not diluted, which is a caution against treating the section as a bargaining chip.

Where mediation needs real care

Mediation assumes two people able to speak for themselves and walk away. Where that assumption does not hold — because of fear, dependence, or a long history of one person deciding things — the process can reproduce the imbalance instead of correcting it, and a settlement reached that way is worth less than the paper it is on.

You are entitled to say that you do not feel able to negotiate directly, and to ask for separate sessions rather than a joint one. A competent mediator will arrange it without being asked twice. Nobody should be pressed into a room to demonstrate cooperation.

What actually happens in the room

A first session usually begins with the mediator explaining the process and the confidentiality that attaches to it, then letting each side say what the dispute is about without interruption. That part is not a formality; it is frequently the first time either person has heard the other's account without a lawyer translating it into pleadings.

After that the mediator moves between joint discussion and private sessions, narrowing the issues, testing positions, and carrying proposals. A civil matter at a court-annexed centre commonly takes two to five sessions over a few weeks.

The private session

The private session, often called a caucus, is where the work gets done. It is where a party says the thing they will not say across the table: what they actually need, what they are afraid of, what they would take.

The rule is that what you tell the mediator privately is not carried across without your permission. A good mediator asks before taking anything over. If you are not sure what is going to be repeated, ask — the question is normal and the answer should be immediate and specific.

What the mediator may and may not do

A mediator facilitates. He or she does not decide who is right, cannot impose an outcome, and is not your legal adviser. Expect to be asked uncomfortable questions in private about the weak parts of your case; that is the job, and it is being done to the other side too.

What a mediator should not do is press a particular settlement on you, and the Act's own scheme restricts a mediator from acting as an arbitrator, or as a representative or a witness, in proceedings arising out of the same dispute. That restriction exists to protect candour: nobody speaks freely to a person who might later be judging them or giving evidence about them.

Confidentiality, and its exceptions

The Act's scheme requires the mediator, the service provider, the parties and the participants to keep confidential the acknowledgements, opinions, proposals, admissions and documents of the mediation, and prohibits audio or video recording of the proceedings.

The exceptions are narrow and specific: a statement going to professional misconduct, a threat to commit an offence, information relating to domestic violence or child abuse, and a serious threat to public health or safety. Those are not loopholes; they are the categories where silence would be worse than disclosure.

Why none of it can be used against you

Confidentiality and privilege are two different protections and the second is the one that matters in court. Under the Act's scheme, no mediator or participant, including experts and advisers, is to be permitted or compelled to disclose mediation communications to a court or tribunal.

The point is structural. If an offer made to settle could be produced later as an admission, nobody would ever make one, and the whole process would collapse into posturing. One limit to keep in mind: the protection covers what happened in the mediation, not a document that exists independently of it and would have been disclosable anyway. Putting an existing document on the mediation table does not launder it.

What that should change about how you speak

It should make you franker than you are in pleadings, and it is the single most under-used feature of the process.

You can say what you would actually accept without conceding it. You can ask the other side a question you would never put in a notice. You can test a number. None of it becomes evidence. People who treat a mediation as a hearing, and perform, usually come out with nothing, because the only thing that produces movement is information neither side could get any other way.

The time limits

Under the Act, mediation is to be completed within one hundred and twenty days from the date fixed for the first appearance before the mediator, extendable by a further sixty days where the parties consent. A good many articles say ninety plus ninety. That is not what the section says, and it is a useful test of whether a page was written from the Act or from another page.

A pre-institution mediation under the Commercial Courts Act has its own timetable under the rules framed for it, and a court-annexed mediation runs to whatever period the referring court has set. Ask at the first session what your own outer date is.

If you settle

The terms are written up, signed by the parties and authenticated by the mediator. If the mediation came out of a pending case, the settlement also goes back to the court so that the proceedings can be disposed of in its terms.

The drafting deserves the same care as any decree, because that is what it becomes. Amounts in figures and words. Every date. What happens on default. Who withdraws what and by when. What the settlement covers and what survives it. A mediated settlement that says the parties have amicably resolved all disputes, and nothing else, produces a second dispute about the first one. If you want that drafted before the session rather than improvised in it, that is what our settlement agreement drafting is for.

Enforcing the settlement

Under the Act's scheme an authenticated mediated settlement agreement is final and binding and is enforced in the same manner as if it were a judgment or decree of a court, in accordance with the Code of Civil Procedure. In practice that means an execution petition, not a fresh suit on the settlement.

The familiar warning applies: a settlement you cannot enforce against anything is a piece of paper. Our page on money recovery covers what can usually be reached in execution, and it is worth reading before you agree to an instalment plan rather than after the second instalment is missed.

Challenging it — four grounds, ninety days

A mediated settlement agreement can be challenged, and the grounds are short: fraud, corruption, impersonation, or that the dispute was one not fit for mediation at all.

The application has to be made within ninety days of receiving a copy of the agreement, and that can be extended by a further ninety days where sufficient cause is shown for not having made it in time. Being unhappy with the bargain is not on the list, which is the same answer Indian law gives about every settlement mechanism it has.

Mediation, Lok Adalat and arbitration

Three things that get used interchangeably and should not be.

A Lok Adalat is usually one sitting, with a Bench that typically includes a judicial officer, producing an award that is a deemed decree against which no appeal lies to any court. Finality is immediate and total. Mediation is a process over sessions, with private meetings, confidentiality and privilege, producing an agreement that can be challenged on four narrow grounds within ninety days.

Arbitration is different from both because the arbitrator decides. It requires the parties' agreement, it produces an award whether you like it or not, and that award is challenged under the Arbitration and Conciliation Act 1996 on the grounds that statute lays down. No equivalent setting-aside provision exists for a mediated settlement. Our page on arbitration covers that route, including the point most people on the receiving end of a clause do not know: a party interested in the outcome cannot alone appoint the arbitrator.

Who pays

A court-annexed mediation through a court's own mediation centre is generally free or nominal, and that is a real advantage that gets forgotten in the comparison with arbitration. A pre-institution mediation under the Commercial Courts Act has fees prescribed by the rules. A private mediation is paid for by the parties, usually equally unless they agree otherwise, and the Act contains its own provision on costs.

Ask before the first session, not after it. It is a short question and nobody minds it.

Limitation while you mediate

The Act has a provision dealing with limitation, and the pre-institution mediation rules under the Commercial Courts Act deal with the period spent in mediation too.

The one thing on this page we will not generalise about

Because the answer depends on which route you are in and on what is in force, we are not going to give you a rule about limitation that you might rely on. Get it confirmed for your matter. Limitation does not forgive a reasonable mistake, and a claim lost to it is lost completely.

For how limitation works generally — what starts the clock, what restarts it, and the Covid exclusion that still moves a great many dates — see our page on limitation.

Online mediation

The Act provides for it, and in practice a great deal of mediation already happens over video and has done since 2020. For parties in different cities it is often the difference between a mediation happening and not happening.

The same confidentiality applies, and so does the prohibition on recording, which is worth remembering before anybody reaches for a record button on a video call. If you want a note of what was agreed, that is what the settlement agreement is for.

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If you do not turn up

This is where knowing which of the three mediations you are in pays for itself.

In a voluntary pre-litigation mediation, nothing happens. There is no process without both sides.

In a commercial pre-institution mediation, your absence helps the other side. A non-starter report is issued, the requirement is treated as exhausted, and they file the suit they wanted to file. If you had anything to gain from the mediation, you have given it away.

In a court-referred mediation, the matter goes back with a report, and the judge who sent you is the judge who reads it. No adverse order follows automatically from not settling — you cannot be penalised for failing to agree — but not attending at all is a different thing from attending and not agreeing, and it is visible.

How to prepare

Where this goes wrong

Treating it as a hearing and performing, when the only thing that moves a mediation is candour in the private session. Going in without a number, so that the first offer becomes the anchor. Confusing the three mediations and skipping the one that cannot be skipped. Assuming a court cannot send you without your consent. Filing a commercial suit without the section 12A step and discovering it at the rejection stage rather than the filing counter. Dressing up a prayer for interim relief and having it read as camouflage. Signing a settlement that says all disputes are resolved without saying which. And treating a settlement as money, rather than as a document that may have to be executed.

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When this needs an advocate

In a court-referred mediation in a pending case, your advocate is usually already in the matter and should be in the room. In a commercial pre-institution mediation you are negotiating the figure that will frame the suit if it fails, and the section 12A requirement itself is one of the few procedural traps in Indian litigation that ends a case rather than delaying it; that is worth advice.

Where it is genuinely optional is a small matter you understand completely, where the gap between the two sides is narrow. What we would not do is attend a mediation about a significant sum without knowing what the claim is worth if it is fought, because that number is the only thing that tells you whether an offer is good or merely available.

What we do

Two things, narrowly.

We draft the application that starts a pre-institution mediation under section 12A, which is a short document with a date on it and a step that cannot be skipped. And we draft settlement terms in advance, so that what gets signed is something you have read rather than something composed at a table while people wait.

We also put you in touch with advocates through the directory, free, with your number hidden until one of them accepts. Appearing with you at a mediation, and advising whether a figure is sound, is an advocate's work and not ours.

What we could not verify

Said plainly, because it affects what you can rely on

We could not find any commencement notification for the Mediation Act 2023 later than the one of 9 October 2023. Two independent sources give the same list of sections for that notification. We may have missed a later one, which is why this page tells you how to check the India Code footnote rather than asking you to take our word.

We have paraphrased sections of the Act from the gazette text rather than quoting them word for word, except where we quote a judgment. Where we quote, the citation says so.

We could not find out how many mediators have been registered since the Mediation Council was established in August 2026, nor any national figure for the success rate of court-annexed mediation centres.

On limitation we have deliberately declined to give a general rule, for the reason given in that section.

What we charge

Nothing to ask. Nothing to be connected with an advocate. For the application, and for settlement drafting, the price is on the service page, stated before you order, and there is no commission from anybody's side.

Court work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.

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Keep reading

The rest of this guide

Lok Adalat

Twenty pages on this site mention it and none of them explained it, so here it is from the only angle that matters: the point of view of the person being asked to sign. A Lok Adalat cannot decide anything — the Supreme Court said so in 2008 — it only records what you agree to. And section 21(2) makes that record a civil decree against which no appeal lies to any court. Not a suit to set it aside, and not objections in execution: the Supreme Court shut both doors in November 2025, in a case where a man lost a property he had bought for four crore rupees through an award he was never party to. Also what can and cannot be referred, the divorce line nobody reconciles, the court fee refund, why the traffic challan discount has no instrument behind it, and the Permanent Lok Adalat, which can decide against you.

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Lawyer, advocate, vakil, counsel

The words are not interchangeable in India and the difference has consequences. Who may appear for you, where notaries, legal consultants, document writers and “case managers” fit, and how to spot somebody who is not entitled to practise.

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Do I need a lawyer?

A three-question test that does not depend on how frightened you are, an honest list of when the answer is no, what the Advocates Act actually restricts, why a power-of-attorney holder cannot argue your case, and who is entitled to free legal aid.

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How to choose an advocate

How to verify that somebody is really enrolled, why specialisation by forum beats seniority, the Bar Council rules that protect you before you sign anything, the conflict question to ask on day one, and the question almost nobody asks.

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How advocate fees work in India

Why no honest Indian site publishes an advocate’s fee, the fee structures actually used, why “no win no fee” is not permitted here, what is a fee and what is an expense, and how to agree it so there is no argument later.

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Your first meeting with a lawyer

What to take, in what order, what to say about the facts that hurt you, what a vakalatnama actually does and how long it lasts, what to write down before you leave, and what should happen in the first week afterwards.

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Landlord and tenant disputes in Delhi

Written for both sides. Why a single line at three thousand five hundred rupees decides which of two separate systems your tenancy is in, the closed list of grounds under Section 14, the first-default protection most tenants never hear about, the summary procedure under Section 25B that is lost by doing nothing, notice under Section 106, and why changing the locks is the worst thing a landlord can do.

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Family property disputes in Delhi

Three different suits wear one name. Whether you are asking for a share, for possession, or for a document to be undone — and why each has a different clock. Self-acquired against coparcenary, a daughter’s right by birth, why a mutation entry is not ownership, why GPA and will papers are not a conveyance, and the two decrees a partition suit ends in.

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When the police will not register your FIR

One “no” at the counter is not where the law ends. The three doors, in the order the law gives them — the police station, the DCP under Section 173(4), the Magistrate under Section 175(3) with its new affidavit condition — plus the complaint case where the accused is now heard first, and why the officer refusing you is sometimes right.

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Medical negligence — is it negligence, or a bad outcome?

The distinction everything rests on, and why it is decided on the medical record by another doctor rather than by how bad the outcome was. Why the complete record is the first step and must be obtained before you complain, consent as a separate and often stronger ground, and the three roads — compensation, prosecution and professional discipline — of which only one pays.

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Senior citizens and parents in Delhi

The one law that can take back property you already signed away. Section 23 and what Urmila Dixit (2025) settled about eviction and possession, the Maintenance Tribunal before a Sub-Divisional Magistrate, the ceiling on the monthly amount and the route that has none, whether you may actually bring a lawyer, and where a daughter-in-law’s right of residence fits.

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School disputes in Delhi

Fees, transfer certificates, admission and expulsion — and why the door that opens is the Directorate of Education rather than a court. What the Delhi High Court held in May 2026 about a hike at the start of a session against one imposed mid-session, why a certificate cannot be held against your dues, and how to ask the regulator for something it can actually do.

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A notice or summons has arrived

Five different papers, five different answers to “what if I do nothing”. A private legal notice against a civil summons, a criminal summons, a tribunal notice and a police notice; the thirty days that is directory and the hundred and twenty that is not; ex parte orders and the thirty days to undo one; and why complying with a Section 35(3) police notice now protects you.

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Arrest and bail in Delhi

What a family does in the first twenty-four hours, and the two rights nobody will offer you: default bail under Section 187(3), which turns on sixty or ninety days rather than the merits and dies the day the chargesheet is filed, and release under Section 479 after half the maximum sentence — a third for a first-time accused. Plus sureties, conditions, and why a bail order is not release.

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Child custody in Delhi

The court is not deciding which parent is right. It is deciding one thing — the welfare of the child — and that re-sorts every argument you were planning to make. Custody, guardianship and access are three different things; Section 6(a) gives a starting position for a child under five and not a rule; joint custody is a Law Commission recommendation and not a statute. Plus interim orders, access as the child’s right, parental alienation, passports and travel, and what to do when an order is broken.

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Online abuse and harassment

Getting the content taken down and getting the person acted against are two different cases, with different addressees and different clocks. The Grievance Officer’s twenty-four hours and fifteen days, the twenty-four hour rule for nudity and morphed images, the thirty-day appeal almost nobody uses, why Shreya Singhal explains the wall you hit, Zero FIR, preservation requests, and the Section 63(4) certificate that decides whether your screenshots count at all.

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Contested divorce — when the other side will not agree

“The marriage is over” is not a ground — Parliament never made irretrievable breakdown one, and no Family Court can act on it. So the case turns on what you can PROVE. The Section 13 grounds as they actually read, what cruelty means after Samar Ghosh and what it does not, desertion and its two years, the one-year bar, and why Section 23(1)(a) destroys a manufactured ground.

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When your family is against the marriage

The danger is rarely a confrontation — it is a false complaint at a police station, and from that moment the State does the family’s work for it. What answers it is her own statement before a Magistrate. Plus the protection petition, why consenting adults are covered married or not, the three-day rule when you move, and the honest Delhi position on the thirty-day notice. For adults only.

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Recovering money owed to you

The paper in your hand picks your procedure — not the amount, and not how obviously you are in the right. On a cheque, a note, a written contract or a guarantee, Order XXXVII gives you a suit in which the defendant has no right to defend. Plus the three-year clock, the written acknowledgment that restarts it, why a cheque bounce complaint is not a recovery suit, the mandatory mediation that gets commercial suits rejected, and why winning is not the same as being paid.

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Sexual harassment at work — the complainant’s side

Two questions come before the facts: which door, and how much time is left. Section 6(1) built the Local Committee for the two situations in which the office route is useless — fewer than ten workers, or a complaint against the employer himself. Section 9(1) starts a three-month clock from the last incident, extendable by three, and recent decisions treat the outer edge as a wall. Plus who counts as an employee, what counts as a workplace, the conciliation that may not end in money, the inquiry’s civil-court powers, and why Section 28 means the committee and the police are not an either–or.

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Society and RWA disputes

What your building legally IS decides the case, not what you are complaining about. Most Delhi RWAs sit under the Societies Registration Act, 1860 — a registration statute with no power to levy maintenance, fine a member or recover anything, so the charge rests on the bye-laws and is enforced only by suit. A co-operative society goes to the Registrar under Section 70, where an election challenge dies in thirty days. And a building under the Delhi Apartment Ownership Act, 1986 has a Deed of Apartment, parking inside the statutory definition of common areas, dues as a charge on the flat, and model bye-laws that make elections and audit compulsory.

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Traffic challans in Delhi

A challan is two different things wearing one name. Some can be paid and closed; the rest cannot be paid at all, because the compounding list takes in Section 184 only for handheld phone use and leaves Section 185 out altogether. The notice is not a bill either – it is issued under the section headed “Restriction on conviction”. Plus what paying on the Virtual Court actually means, why the “three challans” suspension rule does not exist, and what to do when challans keep arriving for a car you sold years ago. No penalty figures, and the page says why.

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When a challan goes to court

“Court” on a challan does not mean a trial. It means a Magistrate now holds the file, and that the next click is a plea rather than a payment. How to find the case – and why a driving licence number will never find it. Why the summons only appears after you act. What contesting actually does, and the published figure showing how few people do it. The Act’s own short route, why traffic offences are expressly NOT petty offences under the new code, when you must attend in person, what the court can do to your licence, and what five official sources say – and do not say – about ignoring it.

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When a driving licence is suspended

A licence goes out of two different doors – a government office under Section 19 and Rule 21, or a courtroom on conviction – and the grounds, the appeal and the way back differ for each. The appeal is thirty days from RECEIPT, and we found no provision for condoning delay. A High Court has quashed a suspension that named no ground and recorded no satisfaction. The licence does not simply revive when the period ends: the Act wants a refresher course, or a fresh test and a medical certificate. And almost nobody knows you can apply to have a disqualification removed after six months. Plus why there is no three-challan rule and no points system in force.

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When the challan is wrong

Everybody argues “it was not me”. The strongest ground is usually not your evidence at all – it is whether the challan complies with the rule the government wrote for issuing it. Rule 167A requires the camera to carry a yearly approval certificate, requires the challan to be accompanied by FIVE named things including a photograph showing the offence AND the plate, and requires the notice to be sent within fifteen days. And Rule 167A(10) gives an owner who was not driving an express right to say so – a right the portal does not implement. Plus Delhi’s own complaint form, the cloned-plate gap nobody fills, and why Section 209 is a far weaker shield than people think.

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Sold the vehicle, still in your name

We read the registration chapter of the Act section by section, and the answer is not the one anybody wants: there is no provision by which a seller can take himself off the register without a transfer being completed. Transfer needs the buyer. Cancellation is about the vehicle – destroyed, beyond repair, removed out of INDIA, not out of the State. And the challans are the smallest part of it: the Supreme Court has held that a registered owner who purported to sell but still appears in the records is not absolved of liability for compensation. Form 29 is necessary and has not been shown to be sufficient. One rule prevents all of it.

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Pending challans blocking an RTO service

The counter says clear the challans first, and nobody says under what. We went looking. The Act has no such provision at all – not in section 48, not in section 50, not in fitness or permits. The power is in a rule, and the rule is narrower than the practice: ninety days, the offender’s own licence or the vehicle named in the challan, and permit, fitness and tax expressly left out. A 2018 ministry circular goes further and cites no authority for doing so. Then on 28 September 2026 the Supreme Court directed much of it anyway. Plus the Kerala judgment holding that a transfer after a death is not a transaction at all.

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A minor was caught driving

The section is headed “offences by juveniles” and the person it makes guilty is an adult: the guardian of the child or the owner of the vehicle, and those can be two different people. ₹25,000 and up to three years, the registration cancelled for twelve months, and no licence for the child until twenty-five. The part nobody prints: Section 199A is not in the compounding list, so it cannot be paid at a counter and must go to court. Plus the complete exemption in sub-section (3), the written representation the Act requires before a registration is cancelled, and why the Pune case was not this section at all.

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A drink driving case

Two things are said everywhere about this and both are wrong. It cannot be paid online – Section 185 is absent from the compounding list, so a court challan is issued and a magistrate decides, which the Delhi Traffic Police has itself confirmed. And six months in prison is the maximum, not the outcome: the reported figures show custody in under a tenth of cases, for days. The consequence that is real, and that nobody prints, is the licence – on conviction, disqualification of at least six months, and the provision carries no “special reasons” escape at all.

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A hit and run case

Since the transport strike of January 2024 every page on this subject has been built on a provision that has never been brought into force. The government’s own release excluded Section 106(2) when the new criminal laws commenced, and the Delhi High Court confirmed in July 2026 that it was still unnotified. The charge in practice carries five years and is classified as bailable. Plus the twenty-four hour reporting window almost nobody knows about, and the ₹2 lakh claim the Supreme Court found only 205 families in the whole country made in a year.

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Getting a seized vehicle back

Across nine pages on challans and road cases we kept saying this is a court application and not something to settle at a police station, and kept not explaining how. This is that page. The old provision had no deadline at all – its replacement gives the court fourteen days to record and photograph the vehicle and thirty days to order its release, and a High Court enforced that in August 2026. Plus why the registration certificate is not the whole answer, how much the bond can lawfully be, and the special statutes where the Magistrate has no power at all.

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A traffic challan in Rajasthan

Our first state page, and the state-specific part is narrower and stranger than people expect. Rajasthan’s notification binds officers by rank and by area: a Head Constable may compound inside the Jaipur and Jodhpur Commissionerates, an Assistant Sub-Inspector everywhere else. The state’s own motor vehicles rules contain no compounding provision at all. Plus the thirty-day appeal to the RTO, a quarter of every compounding fee going to a non-lapsable road safety fund, who really owns the highway cameras, and why a seized vehicle here is so often a mining matter.

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A traffic challan in Punjab

Search “Punjab e-challan” and almost everything you get belongs to Pakistan — the Punjab Safe Cities Authority in Lahore, a row of .pk sites, and commercial services. Not one Indian government result. The reason is that Punjab publishes almost nothing: its Transport Department’s whole notifications page holds nine items, four of them single scanned pages 11, 12, 16 and 17 of one user-charges file, and no section 200 schedule at all — while its own menu sends you to the centre. One date does exist: 19 December 2019, so here alone you can ask for the notification by name. Plus three two-second tells, the Gurmukhi-versus-Shahmukhi check, and why Chandigarh — whose Administrator is Punjab’s Governor — wrote the best schedule in India.

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Traffic challan rules, state by state

One question put to thirty-four Indian states and union territories: have you published what a challan costs, and who may take it? Five published a schedule after the 2019 amendment, seven are still running documents older than it — the oldest from 2008 — and around twenty publish no amount at all. In the whole country only two schedules tell you that a helmet offence costs three months of your licence. The full comparison table with every jurisdiction linked, the four jobs a schedule actually does, the patterns we did not expect — and every correction we have had to publish about our own pages, in one place.

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A traffic challan in Dadra & Nagar Haveli and Daman & Diu

The only jurisdiction in this series that was created while the amended Act was already running. Two Union territories merged on 26 January 2020, but section 17 of the Merger Act kept both rulebooks alive in their own halves — so the real question is whether Daman runs on one schedule and Silvassa on another. Neither exists. The registration mark was unified in four days; the municipal regime in eight months; the compounding schedule not in six years. The Transport Department publishes four documents, the whole legal library two entries, the police force’s rules shelf one reservation roster — and the traffic police page never once uses the word challan.

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A traffic challan in Lakshadweep

The smallest jurisdiction in this series, and the first where we had to ask whether our own question is fair. No two inhabited islands are joined by a road. The police run seven coastal security stations and publish no traffic page. The Department of Road Transport names no Act and no Rules at all — the only one of thirty-three — and a single Motor Vehicle Inspector is Licensing Authority for the whole territory. No section 200 notification could be found. We argue it both ways and then say where we come down: the principle holds, the scale does not — and a one-page notification would settle it.

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A traffic challan in the Andaman & Nicobar Islands

The A&N Police publish a ninety-seven row spot fines list — the largest and most current schedule in this series. It marks which offences go to court instead of a counter, notes where the licence is to be seized, and prices the one compoundable limb of section 184 at ₹3,000 while sending the other five to court in the same row. Its notification is dated 22 days after the 2019 amendment — faster than Assam, which we had called the fastest. And row 17 of it caught three wrong figures in our own tables, which this page sets out in full.

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A traffic challan in Ladakh

On 25 August 2026 Ladakh notified S.O. 250, directing twenty per cent of everything collected by compounding traffic violations into a road safety fund — non-lapsable, audited by the CAG, and spent on signage, black spots, driving test tracks and ambulances. Puducherry promised exactly this in 2015 and never did it. The same notification calls a compounding fee one taken by “the officers authorised under Section 200” — so that authorisation exists, and we still could not find it. A territory that has published where a fifth of your money goes, and not what the money is.

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A traffic challan in Jammu & Kashmir

In 2023 this territory recorded 13,72,501 traffic challans — 4,28,609 compounded and 9,43,892 sent to court. That is sixty-nine per cent going to a magistrate, which is the opposite of what section 200 exists to achieve, and no other jurisdiction in this series publishes the split at all. We could find no compounding notification here. The Act itself only arrived on 31 October 2019 — sixty days after the amendment — so this is the one place in India that has never known the pre-2019 Act. And in Srinagar 835 cameras now issue challans with no published procedure, for the one offence that costs you your licence.

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A traffic challan in Sikkim

Sikkim publishes the region’s fullest compounding schedule — forty-four priced rows in four columns, graded by repeat offence and by vehicle class — made by Notification No. 121/MV/T dated 29 July 2010. Sixteen years on it still prices a general contravention at ₹100, has no helmet row at all because the section did not exist, and carries two figures now below the statutory minimum. Meanwhile the same department runs AI cameras with a ten-day cure window and a written promise to pay you double if the machine is wrong — the most citizen-protective provision we have found anywhere. The newest enforcement in India, pointed at the oldest price list.

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A traffic challan in Arunachal Pradesh

Arunachal publishes no compounding schedule, and the only state statute its district transport office names is a taxation Act. But one district did something no government in this series has done: it published what it collected. Lohit reported 3,782 challans and ₹42,18,800 in 2025 — which divides into about ₹1,115 per challan, the first real figure we have had for what is actually being charged on a road rather than what a document says it should be. And behind it sits Article 371H, under which this State’s Governor alone carries a personal responsibility for law and order — a question we raise and deliberately leave open.

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A traffic challan in Tripura

Tripura publishes twenty-six no-parking zones and twelve parking zones in Agartala, each with a notification number and date; a tax penalty scale; and eleven amendments to its Motor Vehicles Rules, the latest dated five days before the central compoundable list changed. It publishes no compounding amount at all — and its Notices link points at nothing while its Acts link points at a file that will not open. Then its accident figures changed our mind: deaths fell forty per cent in two years while crashes fell nine. That is survival, not prevention — and it forced us to say plainly what a published schedule is actually for.

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A traffic challan in Chandigarh

Puducherry left us asking who the “State Government” is in a Union territory. Chandigarh answers it in practice: its notification of 6 December 2019 says the section 200(1) power is exercised by the Administrator — who since 1984 is, ex officio, the Governor of Punjab. What follows is the best compounding notification we have read: 30 rows, five columns, a column naming the only three authorities who may compound, the three-month licence disqualification written in (the first schedule in the series to do it), section 206(4) on the speeding rows, and section 184 limited in brackets to handheld devices. One problem: the police website misquotes it in four places, including a date fourteen months in the future.

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A traffic challan in Puducherry

Section 200 gives the compounding power to “the State Government”. Puducherry is a Union territory — and the General Clauses Act says that in a Union territory those words mean the Central Government, while a Council of Ministers advises an Administrator whose disagreements go to the President. We set the provisions out and leave the question open. Underneath: the territory’s rules are not made under section 200 (second jurisdiction proved on the instrument’s face), two different monthly rates sit under one ₹100 cap, the police table of 95 offences carries pre-2019 figures — and the territory’s own 2015 policy recorded a death rate double the national average and promised to notify penalties and fund road safety from compounding.

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A traffic challan in Mizoram

A compounding arrangement has two halves — what an offence costs, and who may settle it for which offences. Most states publish one. Mizoram publishes both, and they do not match. Its penalties page, updated February 2025, is the only state document in this series that names section 177A, and the only government page that prints the three-month licence disqualification under 194C. Its compounding notification is from 1 August 2018 — still listing section 191, which 2019 removed, and listing nothing 2019 inserted. So a helmet is priced at ₹1,000 on one government page and absent from the other. Plus the only rank floor in India with a uniform condition on it.

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A traffic challan in Nagaland

Twenty-one pages read a state’s schedule. Nagaland does not publish one — but it published something no other state government did: a notice telling the public that section 200 itself had been replaced. Serial 26 of the Schedule to the Jan Vishwas Act, 2023, commenced by S.O. 227(E) on 13 January 2025, substituted section 200(1) and added 177A, 192B(3) and 201 to the compoundable list — so every schedule in this series is now under-inclusive, and the community service power may have been deleted before any state used it. Following 177A back led somewhere stranger: the regulations it punishes were superseded in 2017, and state departments are still publishing the 1989 version.

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A traffic challan in Meghalaya

Twenty pages built around a table. Meghalaya’s section 200 notification has no table at all — instead of figures it sets a rule: amounts “not lesser than fifty percent of the maximum fine prescribed”. So a 2011 document still works, while Telangana’s fixed schedule from fifteen weeks earlier went stale. But the formula only saved the money, not the scope — its list of nine sections is from 2011, and section 194D for helmets did not exist then. Chasing that took us to something twenty-one pages had never done: reading section 200 itself — which settles that the compoundable list is Parliament’s and not the states’, confirms why drink driving can never be compounded, and reveals a community service power no state has used.

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A traffic challan in Goa

Three pages in this series quoted a state rule capping a composition amount at ₹100 and we treated it as a stale state figure. We were wrong, and Goa proves it. Its rule 54 names its own parent provision — section 50(3), which allows “not exceeding one hundred rupees” in lieu of action under section 177. The ceiling is Parliament’s, not the state’s. In 1988 section 177 also carried ₹100 — the two matched exactly. In 2019 Parliament raised section 177 to ₹500 and ₹1,500 and left that ceiling alone: a 31-year symmetry became a 15:1 gap by nobody doing anything. Also here: the four paperwork delays this reaches, and why the real exposure on a late transfer is never the fee.

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A traffic challan in Himachal Pradesh

On Shimla’s sealed and restricted roads the law that stops you is not the Motor Vehicles Act — it is a Himachal statute of its own, the Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007. And it contains what no section 200 schedule in India contains: a fifty per cent on-the-spot settlement written into the Act itself, twice. Also here: the RC and the licence impounded if you do not pay; a plea of guilty by money order; time limits that run against the prosecution rather than against you; two appeals with named officers and real deadlines — the first appellate route in nineteen states that is in a statute; and section 22, confirming the Motor Vehicles Act keeps running alongside all of it.

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A traffic challan in Assam

Seventeen states chose their own numbers. Assam did not choose. It issued notification TMV.250/2019/67 twenty-five days after the 2019 amendment — the fastest in India — and across eighty-eight rows gave no discount at all: every figure is the Act’s own. It is also the only state in eighteen that publishes four separate schedules, one per class of officer. The price never changes between them; the permission does. Police cannot compound overloading in Assam, and the two ₹1,00,000 dealer rows are reserved to senior transport officers. On a second speeding offence the schedule offers no amount at all — it offers impounding of the licence under section 206(4). Then in June 2024 the cabinet replaced the two-wheeler document fine with a warning, which is generous and which settles nothing.

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A traffic challan in Chhattisgarh

The state publishes its own price list and almost nobody has read it. Notification F 5-5/VIII-Trans/2021 of 25 October 2021, issued under sub-section (1) of section 200 and sitting on the department’s own gazette archive — one of only two post-2019 schedules in India. Forty priced entries, twenty-four kinds of officer down to a Head Constable, and a repeat-offence column used on nineteen of forty rows where Madhya Pradesh — same 1994 rulebook, same design — uses it on six of thirty-one. We measured every row against the Act: a tenth of it on one section, the whole of it on five, one row above the Act and one below its floor. Plus the three-month disqualification that no schedule in seventeen states has ever mentioned.

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A traffic challan in Kerala

Fifteen pages of schedules answer one question — what does it cost. Kerala answers the one that matters after you have paid. Following the Supreme Court, the High Court has held that even after a section 194 offence is compounded, the excess load cannot be permitted to stay on the vehicle — and directed that the driving licence goes to the Licensing Authority under section 19(1) even where the offence is compounded under section 200. Paying ends the offence. It does not authorise the condition, and it does not stop the second track. Also here: ₹5,000 per light for after-market LEDs, and Kerala’s 726 AI cameras — 1.3 crore challans, ₹900 crore issued, ₹300 crore collected, and ₹34.8 crore of payments frozen over questions about which cameras can even read speed.

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A traffic challan in Madhya Pradesh

Every schedule in this series was drafted before Parliament rewrote the penalties in 2019 — Telangana’s 2011, Andhra Pradesh’s 2008, Maharashtra’s 2016. Madhya Pradesh issued one on 6 March 2023, superseding all others. It is the only post-amendment list in fifteen states. And it prices three ways at once: by section, by first or second offence, and by what you drive. We checked every row — the repeat column changes the figure on only six of thirty-one, and those six turn out to be a coherent set. Also here: ₹1,00,000 per vehicle aimed at dealers not drivers, ₹300 for a helmet (the lowest anywhere), a load-projection row priced by what you are carrying, and 19 categories of officer including District Magistrates.

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A traffic challan in Andhra Pradesh

Both states carry a “Compounding” link. Open Andhra Pradesh’s and it is a different law altogether — not section 200 but section 86(5), the money taken instead of suspending your permit. G.O. Ms. No. 332 of 2008, rule 217, priced by what the vehicle is and what it carries: overload ₹2,000 + ₹100 per 100 kg, ₹200 per hour for missing your timings, ₹500 per excess big animal. Medium goods pay half, light goods a third. And AP is the only state in fourteen that publishes the other half too — a prosecution table naming the eight offences no payment will ever close. Its note four is the sting: the published fees are minimums, not prices.

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A traffic challan in Telangana

Thirteen states in, we finally have the document itself. Every page so far ended the same way — the amounts live in a notification under section 200 that nobody can open. Telangana publishes its own. G.O. Ms. No. 108 of 18 August 2011: eighteen offences, two columns by vehicle, the officers who may take the money — and a proviso that does what nothing else in this series does. It writes the state’s own ceiling: the compounding fee shall not exceed the maximum fine prescribed in the relevant penal section. Odisha showed the floor; this is the roof. One problem: it is dated 2011 and the Act changed in 2019. Also here: the real 80–90% discount of December 2023, a half-rate for agriculturists, and why the police have had to call the yearly “discount” messages fake and fraudulent.

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A traffic challan in Odisha

Twelve states in, this is the one that shows you the line. Odisha’s One Time Settlement Scheme for e-challans pending on 31 July 2025 is not a flat discount. Six rows say “50%”. Eleven say a rupee figure — and that figure is always the exact statutory minimum the Act prescribes, never half. Seventeen rows, no exceptions. Where Parliament wrote “may extend to” the state halved it; where Parliament wrote “not less than” the state stopped dead at the floor. We reproduce all seventeen. Also: what the annexure leaves out — helmet, seat belt, insurance, licence, overloading — the notified speed limits under s.112, and a scheme that names no power and carries no legible date.

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A traffic challan in Uttarakhand

Three states have now printed a composition rate in their own rules, and all three measure delay differently. Karnataka counts months. Tamil Nadu uses bands of days. Uttarakhand counts weeks — and sets the rate by what you drive. Rule 45: one rupee a week for an invalid carriage, five for a motor cycle, fifty for everything else — and a proviso capping the lot at ₹100. So a lorry hits the ceiling in a fortnight and an invalid carriage takes two years. Unlike Tamil Nadu, transport vehicles are in. Also here: the first appeal fee printed anywhere in eleven states (₹20 and ₹25), the Deputy Transport Commissioner (legal and tribunal), and a year in which challans rose 118.77% while collections rose 37.07%.

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A traffic challan in Tamil Nadu

Ten states in, and this is the one that is open about exactly one half of itself. Tamil Nadu publishes no compounding amounts for road offences and no officer schedule — and then prints four composition rates inside its own rules, which almost nobody is ever shown. Rules 98, 105-A, 109 and 113: a late registration, a transfer not reported, a new registration mark, a change of address. ₹40 up to thirty days, ₹75 to sixty, ₹100 after — and ₹150 in the top slab of rule 113 alone. Each rule says the money is taken in lieu of any action under section 177, which no other state spells out. Also here: the enabling clause cites a section 311 that does not exist in the Act, rule 98 quietly leaves transport vehicles out, the founding notification carries no date, and section 200 is absent for the seventh time in seven tests.

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A traffic challan in Gujarat

Nine states in, the range has turned out to be enormous — and Gujarat sits at the bottom of it. Chief Minister Vijay Rupani announced the cuts on 10 September 2019: triple riding at ₹100, where West Bengal takes ₹1,000 and three months of your licence. Helmet and seat belt ₹500. A pollution offence ₹1,000, where Bengal takes ₹10,000 with a disqualification. Ten times, for the same words in the same Act. Then on 4 December 2019 the Transport Minister announced helmets would be optional except on highways and panchayat roads — we print what was said, flag that we could not find the notification, and say plainly that this is no reason to ride without one. Also here: rule 107, the first appeal procedure we have been able to read in nine states, and rule 98A’s thirty-day grievance clock for app aggregators.

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A traffic challan in Karnataka

Two things, and the first one saves money today. Rules 37 and 45 of the Karnataka Motor Vehicles Rules still compose a late registration renewal and a late transfer intimation at twenty-five rupees a calendar month, capped at one hundred rupees — figures written in 1989 and never updated, and the two lapses vehicle owners get caught by most. We quote both rules in full. The second thing is bigger: Karnataka is where somebody asked out loud whether a state may cut a traffic fine. The Centre said yes on 11 September 2019, Karnataka took legal opinion, cut on 21 September, and the Centre then said states had no authority at all. Both were right about different things — a state cannot touch the fine a court imposes, but section 200 gives it the compounding amount. That distinction is the key to every other state page on this site, and this is where it surfaced.

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A traffic challan in Maharashtra

Every state publishes what you can pay. Maharashtra is the only one that also published what you cannot — a list of nine non-compoundable offences. Two of them are things your neighbours let you settle for money: driving without a permit (₹10,000 in both Jharkhand and West Bengal) and overloading (₹20,000 plus ₹2,000 a tonne in Jharkhand). Here there is no amount at all — a court decides, both the driver and the owner are charged, and a repeat permit offence carries a minimum three-month sentence. The same document shows a Police Constable as the compounding authority for about 95 of 104 offences, the lowest rank floor of any state we have examined and the exact opposite of Bengal. Its money is from 2016 and stale, it is still sitting on a government server, and we say so.

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A traffic challan in West Bengal

Five states in, every page had a hole — Haryana told us who may issue a challan but never what it costs, Jharkhand the reverse. Bengal prints both halves in one notification. Schedule I names who may compound, and for oversized vehicles under section 182B that is the Director of Transport alone, one officer for the whole state. Schedule II runs to twenty-six rows and six columns, because Bengal is the only state that prints the section you broke and the section you are charged under separately — which makes a challan testable on its face. We reproduce both schedules. Then overloading, which is deliberately left out: it runs on its own notification that suspends the permit on a second offence and cancels it on a third, with the registration suspended behind it. Also: a ₹10,000 figure where Jharkhand charges ₹1,000, three rows where a licence disqualification rides along with the payment, a rule 349 that may crack our five-state pattern, and a police page still quoting superseded notifications.

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A traffic challan in Bihar

A District Transport Officer in Patna wrote that traffic challans could not be taken up at a National Lok Adalat. Somebody took that letter to the High Court — and fourteen months later the State had notified a scheme letting old e-challans be closed at fifty per cent, with the Chief Justice directing where the counters should stand and that no money be taken in cash. This page traces the whole sequence from Rani @ Rani Tiwari v. State of Bihar to Notification No. 3261 of 30 April 2026, sets out exactly which offences the scheme covers — and the one it leaves out, which is overloading, the most expensive offence in the Act. Also: why the Lok Adalat did not reduce anything, a correction to our own earlier pages, section 200 missing for the fifth state running, and the Supreme Court order pulling from the other end.

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A traffic challan in Jharkhand

Three state pages in we had to keep telling readers the amounts could not be printed, because the document fixing them was unreachable or a photograph. Jharkhand broke that. Its Transport Department memo Pari. Ayu.-192/2016 carries a five-column schedule — section, offence, penalty before 1 September 2019, penalty after, and the compounding fee — and we reproduce all twenty-five rows. Then the harder half: section 185 and a dozen others are not in it at all, section 194A has an empty compounding cell, and a second speeding offence carries a licence impoundment instead of a sum. Also here: three rows whose penalty columns appear transposed, the three-month deferral of September 2019, the state rules of 2001 that will not open, a Delhi address printed on the state enforcement page, and the Supreme Court order of 28 September 2026 that turns an unpaid challan into a blocked registration.

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A traffic challan in Haryana

Across three state pages we kept asking the same question — who is actually allowed to stop you and write this — and Haryana is the first state that answers it. Rule 225 of its 1993 rules, substituted in 2021, appoints seventeen categories of officer and lists the sections each may challan under. We reproduce the whole schedule. The police floor is an ASI, their list is shorter than the transport list, and overloading under section 194 does not appear against the police at all — it is transport department work. Two provisos matter: five officers cannot touch private buses, and police powers widen outside municipal limits. Section 200 is missing from the enabling provisions for the third state running, so the amounts come from a notification we could not find — and we say so rather than copying a rate list.

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A traffic challan in Uttar Pradesh

Our second state page, and the finding at the top of it is one the High Court only said out loud in August 2026: Uttar Pradesh has no separate traffic police cadre, and the Bench asked the government to decide on creating one. The state’s own rules contain no compounding provision — section 200 is not even among their enabling sections — so the amount comes from a notification, dated June 2020, and the schedule everybody quotes online is older than the 2019 amendment. An appeal in a licensing matter goes to the Deputy Transport Commissioner of the Zone, not the RTO. Plus the High Court’s own Payment Setu portal across 74 district courts, the school-vehicle chapter nobody mentions, number portability, and why this page carries no compounding figures.

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Stay order and injunction

A stay order is not a thing you can go and collect. It is an order made inside a suit, which is why the document that has to exist first is the plaint and not the application. The Supreme Court set three requirements, and most applications die on the third: irreparable injury means an injury that money at the end of the case cannot adequately repair — so “I will lose money” is usually not enough. Before any of that there is a gate: section 41 of the Specific Relief Act lists eleven situations where an injunction cannot be granted at all, including stopping a criminal proceeding, and one added in 2018 for infrastructure projects. Also the ex parte order and the thirty days in Rule 3A that people mistake for a result, what happens to somebody who breaks an injunction, and the appeal that runs both ways.

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Arbitration

Almost nobody reading this chose arbitration. It was in the loan agreement, the builder agreement, the insurance policy — a clause nobody negotiated. So the first question is not how arbitration works; it is whether that clause can be used the way the other side says. On the two commonest versions the Supreme Court has said no. A party interested in the outcome cannot alone appoint the arbitrator (2019), and a Constitution Bench held in November 2024 that unilateral appointment clauses in public-private contracts violate Article 14. And if you are a consumer, the clause does not shut the consumer forum. Plus the twelve-plus-six month clock, the grounds for setting an award aside in the statute’s own words, the 2025 ruling on when a court may modify one, and why filing a challenge no longer freezes the award.

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Limitation — how long you have

The one rule a court applies against you even if the other side never mentions it. Section 3 says a late suit shall be dismissed although limitation has not been set up as a defence, so hoping nobody notices is not a plan. We set out how the Schedule really works — and why the third column, saying when time starts, decides more than the number of years does. What restarts the clock (a signed acknowledgement, a recorded part payment) and the condition both carry. Why delay can be condoned in an appeal but never in a suit. The Covid exclusion of 15 March 2020 to 28 February 2022, still worth nearly two years and still forgotten. And section 27, where losing the period does not just bar the suit — it extinguishes the ownership.

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Questions people ask

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Mediation, with the commencement question answered

Is mediation compulsory in India?
It depends which of three things is happening to you, and the three have opposite answers. Pre-litigation mediation, which you choose yourself before filing anything, is voluntary and happens with mutual consent. Pre-institution mediation before a commercial suit of Specified Value is mandatory, and the Supreme Court has held that a plaint filed without it is liable to be rejected. Mediation ordered by a court in a case already pending does not need your consent at all. Most articles answer this question with one word, which is why so many people get it wrong.
Can a court send me to mediation without my agreement?
Yes. This is the point the Supreme Court made clearly in 2010 when it set out how section 89 of the Code of Civil Procedure works. If there is no agreement between the parties for reference to arbitration, the court cannot refer the matter to arbitration. Mediation is in a different category: it is a non-adjudicatory process the court may direct. So if your case is referred, declining to attend is not a neutral choice, and the court that referred you will know you did not go.
What is section 12A of the Commercial Courts Act?
It requires a party to exhaust pre-institution mediation before filing a commercial suit of Specified Value, unless the suit contemplates urgent interim relief. In 2022 the Supreme Court held in Patil Automation that the provision is mandatory, that compliance is jurisdictional, and that a suit instituted without exhausting it is liable to be rejected. The court cannot cure the defect afterwards by sending the parties to mediation. It is one of the few procedural steps in Indian civil litigation where skipping it ends the case rather than delaying it.
My commercial suit was filed before 2022 without mediation. Is it gone?
Probably not, and this is what the Supreme Court dealt with in May 2025 in Dhanbad Fuels. The consequence of rejection of the plaint was held to apply prospectively from 20 August 2022. The reasoning was the maxim that the law does not compel the impossible: before that date the mediation infrastructure was in many places simply not there, so suits filed earlier were not to be thrown out for not using something that did not exist.
Can I avoid section 12A by asking for an injunction?
Not by merely asking. In Yamini Manohar the Supreme Court said that the mere contemplation of urgent interim relief must not be a guise to circumvent the statutory requirement, and that the commercial court should examine the plaint, the documents and the facts to see whether urgent relief is genuinely contemplated. So the prayer is tested, not counted. Where the court concludes it is camouflage, you are back to mediation, with the delay that implies.
I waited months before suing. Does that destroy my claim of urgency?
Not automatically, and there is a recent judgment on exactly this. In October 2025, in a case about intellectual property infringement, the Supreme Court held that delay in filing does not by itself extinguish urgency where the infringing acts are continuing, because the urgency arises from the persistence of the threat rather than from when the cause of action first arose. That reasoning is specific to continuing wrongs. If the harm was a single completed act, long delay is a harder thing to explain.
What is the Mediation Act 2023, and does it apply to me?
It is a standalone statute, Act 32 of 2023, that received assent on 14 September 2023 and sets out a full framework: voluntary pre-litigation mediation, who may act as a mediator, time limits, confidentiality, enforcement of the settlement, and the grounds on which it can be challenged. Whether it applies to your mediation today is a harder question than most writing admits, and we deal with it at length on this page, because the commencement notification we could find brought only part of the Act into force.
Which parts of the Mediation Act are actually in force?
The notification we could trace, of 9 October 2023, brought into force sections 1, 3 and 26, sections 31 to 38, sections 45 to 47, sections 50 to 54 and sections 56 to 57. That is the short title, the definitions, one provision about Lok Adalats, and the machinery for the Mediation Council, the Mediation Fund and rule-making. The operative chapters, including pre-litigation mediation, the court referral power, time limits, confidentiality, enforcement and challenge, are not in that list. We could not find any later notification. We may have missed one, and we say so on the page.
How can I check that for myself?
Open the Act on the government's India Code site and read the footnote against section 1, which records the commencement notifications and the sections each one brought into force. That footnote is the authoritative answer and it is updated. Do not rely on an article, including this one, for a question that a single footnote settles. If a later notification has been issued since we checked, the footnote will show it and you should go by the footnote.
Then what governs my mediation right now?
Mostly what governed it before 2023. A court-referred mediation runs on section 89 of the Code of Civil Procedure, the rules framed by the High Court for its own mediation centres, and the Supreme Court's guidance. A commercial pre-institution mediation runs on section 12A of the Commercial Courts Act 2015 and the rules made under it. A matrimonial matter runs additionally on the Family Courts Act 1984 and the family court's own practice. The Mediation Act sits over all of this on paper; what has been switched on is the regulator, not the process.
The Mediation Council exists now. Does that change anything?
It was established on 27 August 2026 by a notification of the Ministry of Law and Justice under section 31(1), with its head office in Delhi. It is the body that is meant to register and regulate mediators and recognise mediation service providers. Its arrival matters because the Act's definition of who may conduct a pre-litigation mediation refers to registration with the Council, which could not happen while there was no Council. What follows from that is for the government to notify, and at the time of writing we could not see it.
Is it true that the Mediation Act does not apply to Lok Adalats?
Yes, and that provision is one of the few that is in force. Section 26 says the Act does not affect proceedings of a Lok Adalat or a Permanent Lok Adalat under the Legal Services Authorities Act. So the two systems run in parallel rather than one absorbing the other, and if your matter is listed in a Lok Adalat, the Mediation Act is not the law you are looking for. Our separate page on Lok Adalats deals with that forum and the very different finality it produces.
What kinds of dispute cannot be mediated?
The Act's First Schedule lists them: disputes the law prohibits from being mediated; claims involving minors, deities, persons of unsound mind or with disabilities, and suits for declaration of title against the government; criminal prosecutions; proceedings about professional misconduct; disputes affecting the rights of third parties, except where a child's interest in a matrimonial matter is concerned; matters before the National Green Tribunal; direct and indirect tax disputes; proceedings before the competition, telecom, electricity and petroleum regulators; securities proceedings; and land acquisition disputes.
And which cases are actually suitable for mediation?
The Supreme Court gave a working list in 2010 that practitioners still use. Trade, commerce and contract disputes, including money claims, specific performance, supplier and customer, banker and customer, landlord and tenant, and insurance. Cases arising from strained relationships: matrimonial, maintenance, custody, partition, partnership. Cases where the relationship has to continue: neighbours, employment, members of a society. And tortious liability and consumer disputes.
And which are not?
From the same judgment: representative suits involving a public interest; election disputes for public offices; matters requiring the court's own inquiry before an order can be made, such as probate and letters of administration; cases with serious and specific allegations of fraud, fabrication of documents, forgery, impersonation or coercion; cases needing the court's protection, involving minors, deities or title against the government; and criminal prosecutions. The fraud category is the one people misread: it is serious and specific allegations, not a general complaint that somebody behaved badly.
Can a 498A complaint be sent to mediation?
The Supreme Court said in February 2013 that criminal courts dealing with a complaint under section 498-A should, at any stage and particularly before taking it up for hearing, refer the parties to a mediation centre if they feel that there exist elements of settlement and both parties are willing. Two conditions, not one, and people tend to remember only the first. The Court added in the same breath that in doing this, courts must see that the rigour, purport and efficacy of the provision is not diluted.
Is mediation appropriate where there has been violence?
It needs real care, and the honest answer is that it depends on who is in the room and whether a person can negotiate freely. Mediation assumes two parties able to speak for themselves. Where that assumption does not hold, the process can reproduce the imbalance rather than correct it. A mediator or a court may still refer the matter; you are entitled to say that you do not feel able to negotiate, and to ask for separate sessions rather than a joint one. Nobody should be pressed to sit across a table in order to show cooperation.
Is what I say in mediation confidential?
Under the Act's scheme, yes. The mediator, the service provider, the parties and the participants are to keep confidential the acknowledgements, opinions, proposals, admissions and documents made in the mediation, and no audio or video recording is permitted. Separately, mediation communications are privileged: no participant may be compelled to disclose them to a court or tribunal. The exceptions are narrow and specific, including professional misconduct, threats to commit an offence, information about domestic violence or child abuse, and serious threats to public health or safety.
So can the other side use my offer against me in court later?
That is precisely what the privilege is designed to prevent, and it is the reason the process is worth anything. If offers made to settle could be produced later as admissions, nobody would ever make one. In practice this means you can explore a number in mediation that you would never concede in a pleading. Note the direction of the protection though: it covers what happened in the mediation, not a document that exists independently and would have been disclosable anyway.
How long does a mediation take?
Under the Act, mediation is to be completed within one hundred and twenty days from the date of the first appearance, extendable by a further sixty days where the parties agree. A number of sources say ninety plus ninety, which is not what the section says. In practice, a court-annexed mediation in a civil matter is often two to five sessions over a few weeks, and a commercial pre-institution mediation has its own timetable under the Commercial Courts Act rules.
What happens if we settle?
The terms are reduced to a written agreement, signed by the parties and authenticated by the mediator. Under the Act's scheme that agreement is final and binding and is enforced in the same manner as if it were a judgment or decree of a court, under the Code of Civil Procedure. If the mediation arose from a pending case, the settlement is also placed before the court so that the proceedings can be disposed of in its terms. Ask how your particular settlement is to be recorded, because that varies with the route you came in by.
Can a mediated settlement be challenged?
On narrow grounds and against a clock. The Act allows a challenge on the grounds of fraud, corruption, impersonation, or that the dispute was one not fit for mediation at all. The application must be made within ninety days of receiving a copy of the agreement, extendable by a further ninety days where sufficient cause is shown for the delay. Being dissatisfied with the bargain is not a ground, which is the same place every settlement mechanism in Indian law ends up.
How is this different from a Lok Adalat?
A Lok Adalat is usually a single sitting, with a Bench that typically includes a judicial officer, and the settlement becomes an award that is deemed a decree, against which no appeal lies to any court. Mediation is a process over one or more sessions, conducted by a mediator who is not sitting in judgment, with private sessions, confidentiality and privilege, and a settlement agreement that can be challenged on the four narrow grounds described above. The Act expressly leaves Lok Adalat proceedings alone.
How is it different from arbitration?
An arbitrator decides. A mediator does not, and may not impose a settlement. Arbitration needs an agreement between the parties; a court can refer you to mediation without one. An arbitral award is challenged under the Arbitration and Conciliation Act 1996 on the grounds that statute provides; a mediated settlement is challenged on the four grounds in the Mediation Act. And an arbitration produces a decision whether or not you like it, while a mediation produces nothing at all unless you agree.
What does the mediator actually do?
Facilitates. The mediator explains the process, hears both sides together and usually separately, helps each side understand what the other actually needs, tests the strength of positions privately, and carries proposals between the rooms. The mediator does not rule on who is right, does not give you legal advice, and should not be pressing a particular outcome on you. The Act also restricts a mediator from acting in other proceedings arising out of the same dispute, which is there to protect the candour of the process.
What is a private session, and should I say more in it?
A private session, often called a caucus, is where the mediator meets one side alone. It is the part of the process that does the real work, because people say things there they will not say across the table. What you tell the mediator privately is not to be passed on without your permission, and a competent mediator will ask before carrying anything across. If you are not sure what will be repeated, say so and ask. It is a fair question and the answer should be immediate.
Who pays for the mediation?
It depends on the route. A court-annexed mediation through a court mediation centre is generally free or nominal, which is one of its real advantages. A pre-institution mediation under the Commercial Courts Act has fees prescribed under the rules. A private mediation with a mediator the parties choose is paid for by the parties, usually in equal shares unless they agree otherwise. The Act contains its own provision on the cost of mediation. Ask about fees before the first session, not after.
Does the limitation period keep running while we mediate?
The Act contains a provision dealing with limitation, and the pre-institution mediation rules under the Commercial Courts Act deal with the period spent in mediation as well. Because the position depends on which route you are in and on what is in force, this is the one question on this page where we would tell you to get it confirmed for your specific matter rather than rely on a general answer. Limitation is unforgiving and a wrong assumption here is expensive.
Can mediation be done online?
The Act provides for online mediation, and in practice a great deal of it is already conducted over video, which became ordinary after 2020 and never went back. For parties in different cities it is often the only way a mediation happens at all. The same confidentiality applies, and the prohibition on recording applies too, which is worth remembering before anybody presses a button on a video call.
What happens if I simply do not attend?
Again it depends on the route, and this is the practical reason to know which one you are in. In a voluntary pre-litigation mediation, nothing: it does not happen. In a commercial pre-institution mediation, a non-starter report is issued and the other side can then file its suit, so your absence removes an obstacle for them rather than for you. In a court-referred mediation, the matter goes back to the court with a report, and the judge who referred you is the judge who reads it.
Do I need an advocate for mediation?
For a court-annexed mediation in a pending case, your advocate is usually already in it and should be there. For a pre-institution mediation in a commercial matter, you are negotiating a figure that will be the basis of a suit if it fails, so advice is worth having. For a small matter you understand well, going yourself is reasonable. What we would not do is attend a mediation about a significant sum without knowing what the claim is worth if it is fought, because that number is the only thing that tells you whether an offer is good.
What do you charge for this?
Nothing to ask, and nothing to be put in touch with an advocate. Where we help is with the paper: the application that starts a pre-institution mediation under section 12A, which is a short document with a date on it and a step that cannot be skipped. The price is on the service page before you order. Court work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.

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