Case Law Analysis
|Bombay High Court
Mediation Cannot Be Compelled Without Consent | Section 89 CPC & Mediation Act, 2023 Apply to Civil Suits : Bombay HC
The Bombay High Court has ruled that courts cannot mandate mediation in civil suits under Section 89 CPC even when family disputes are involved, affirming that the Mediation Act, 2023 requires unanimous consent. This clarifies that consensual mediation is a procedural right, not a judicial tool to be imposed - impacting litigants, mediators, and courts across India handling civil disputes with familial overtones.