Mediation council: A key missing link in commercial dispute reforms

The idea of a mediation council isn't new. While the 2015 Commercial Courts Act created designated courts to resolve commercial disputes, with mediation playing a crucial role, the 2023 Mediation Act stipulated that a Mediation Council of India (MCI) would create the rules for mediation and give mediators authority.

- Manas Pimpalkhare

Mid a growing policy push for mediation, legal practitioners have pushed for the urgent formation of a council comprising experts and policymakers to determine the rules and procedures involved in mediation.

The government planned to set up the Mediation Council of India—crucial to improving the ease of doing business in India—by the end of the year, as Mint reported on 25 June. But while certain aspects of the MCI, such as salaries, have been notified by the government, the council hasn't been established yet.

Calls for the formation of a mediation council have grown louder following a proposed amendment to the Commercial Courts Act, which was published for public consultation on 8 November.