Topic

Mediation

Mediation in Indian law refers to a voluntary, court-supervised process where disputing parties resolve conflicts through negotiation, often mandated under Section 89 of the Code of Civil Procedure or specific statutes like the Negotiable Instruments Act.

15 articlesLatest September 2026
Section 11(6) Arbitration Act | Limitation Runs from Rejection of Claim, Not Preliminary Notices; Mediation Period Excluded : Delhi HC
Case Law Analysis

Section 11(6) Arbitration Act | Limitation Runs from Rejection of Claim, Not Preliminary Notices; Mediation Period Excluded : Delhi HC

The Delhi High Court held that for Section 11(6) applications, the limitation period begins only upon formal rejection of a claim, not from preliminary correspondence. The court also ruled that the mandatory mediation period under the contract must be excluded from the limitation calculation, appointing a sole arbitrator in a duty-free shop licence dispute with AAI.

Section 190 CrPC | Trial Court Must Record Reasons for Cognizance Despite Negative Final Report : Rajasthan HC Stays Proceedings
Case Law Analysis
|Rajasthan High Court

Section 190 CrPC | Trial Court Must Record Reasons for Cognizance Despite Negative Final Report : Rajasthan HC Stays Proceedings

Rajasthan High Court holds that a trial court cannot take cognizance of an offence based on a negative final report without recording specific reasons for disagreeing with the police report. The Court stayed criminal proceedings and directed mediation in a family dispute involving minor offences under Sections 323 and 341 IPC, emphasizing procedural fairness and the impact on the accused's career prospects.

Section 12A Commercial Courts Act | Pre-Institution Mediation Not Retrospective for Suits Filed Before 20.08.2022 : Sikkim HC
Case Law Analysis
|Sikkim High Court

Section 12A Commercial Courts Act | Pre-Institution Mediation Not Retrospective for Suits Filed Before 20.08.2022 : Sikkim HC

Sikkim High Court clarifies that mandatory pre-institution mediation under Section 12A of the Commercial Courts Act does not apply to suits filed before the 20.08.2022 amendment, shielding litigants from procedural dismissals. The ruling ensures legal certainty for pending commercial disputes and reinforces the non-retrospective application of procedural amendments.

Section 12-A Commercial Courts Act | Suit Not Rejected Under Order VII Rule 11 CPC If Kept in Abeyance for Mandatory Mediation : Bombay HC
Case Law Analysis
|Bombay High Court

Section 12-A Commercial Courts Act | Suit Not Rejected Under Order VII Rule 11 CPC If Kept in Abeyance for Mandatory Mediation : Bombay HC

The Bombay High Court has ruled that non-compliance with Section 12-A’s pre-institution mediation requirement does not warrant rejection of a commercial suit under Order VII Rule 11 CPC, provided the court has directed mediation and kept the suit in abeyance. This protects litigants from procedural dismissal when courts actively facilitate mediation, reinforcing the Act’s intent to encourage settlement without penalizing procedural delays caused by judicial direction.

Habeas Corpus | Weekly Video Access & Mediation Mandated for Non-Custodial Parent in Child Custody Dispute : Bombay HC
Case Law Analysis
|Bombay High Court

Habeas Corpus | Weekly Video Access & Mediation Mandated for Non-Custodial Parent in Child Custody Dispute : Bombay HC

The Bombay High Court ordered weekly video calls and an in-person meeting for a mother denied access to her four-year-old daughter for over a year, prioritizing the child's emotional welfare over procedural delays. This sets a precedent for structured parental access in habeas corpus petitions where mediation is viable, reinforcing that custody disputes must not deprive children of meaningful parental bonds.

Order XXI Rule 22 CPC | Kerala HC Mandates Mediation Re-Referral in Execution Petitions After Settlement Breach
Case Law Analysis
|Kerala High Court

Order XXI Rule 22 CPC | Kerala HC Mandates Mediation Re-Referral in Execution Petitions After Settlement Breach

Kerala High Court directs lower courts to re-open execution petitions and compulsorily re-refer parties to mediation if settlement terms are breached, reinforcing ADR compliance in enforcement proceedings. The ruling clarifies that post-settlement non-compliance revives the court's duty to facilitate resolution under the CPC, impacting decree holders and judgment debtors in civil disputes.

Mandatory Mediation & Child Counselling in Custody Disputes | Madras HC Directs Confidential, Child-Centric Process Under Guardians and Wards Act
Case Law Analysis
|Madras High Court

Mandatory Mediation & Child Counselling in Custody Disputes | Madras HC Directs Confidential, Child-Centric Process Under Guardians and Wards Act

Madras High Court mandates mediation and child counselling in guardianship disputes, prioritizing confidentiality and the child’s welfare over adversarial litigation. The ruling sets a precedent for integrating professional counselling into interim parenting arrangements, ensuring decisions align with the child’s best interests under the Guardians and Wards Act.

Section 138 NI Act | Mandatory Mediation at Earliest Stage in Cheque Bounce Cases: Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 138 NI Act | Mandatory Mediation at Earliest Stage in Cheque Bounce Cases: Punjab & Haryana HC

The Punjab & Haryana High Court has ruled that all pending and future cheque bounce cases under Section 138 of the Negotiable Instruments Act must be referred to mediation at the earliest stage, without requiring court permission for compounding. The Court clarified that such disputes are private in nature, with no state role, streamlining resolution for businesses and individuals.