4. Mediation agreement.—(1) A mediation agreement shall be in writing, by or between parties and anyone claiming through them, to submit to mediation all or certain disputes which have arisen or which may arise between the parties. (2) A mediation agreement may be in the form of a mediation clause in a contract or in the form of a separate agreement. (3) A mediation agreement is in writing, if it is contained in or recorded as— (a) any document signed by the parties; (b) an exchange of communications or letters including through electronic form as provided under the Information Technology Act, 2000 (21 of 2000); (c) any pleadings in a suit or any other proceedings in which existence of mediation agreement is alleged by one party and not denied by the other. (4) A reference in any agreement containing a mediation clause shall constitute a mediation agreement if the agreement is in writing and the reference is such as to make the mediation clause as part of the agreement. (5) The parties may agree to submit to mediation any dispute arising between them under an agreement, whether entered prior to arising of the dispute or subsequent thereto. (6) A mediation agreement in case of international mediation shall refer to an agreement for resolution in matters of commercial disputes referred to in clause (a) of section 3.
5. Pre-litigation mediation.—(1) Subject to other provisions of this Act, whether any mediation agreement exists or not, the parties before filing any suit or proceedings of civil or commercial nature 7 in any court, may voluntarily and with mutual consent take steps to settle the disputes by pre-litigation mediation in accordance with the provisions of this Act: Provided that pre-litigation mediation in matters of commercial disputes of Specified Value shall be undertaken in accordance with the provisions of section 12A of the Commercial Courts Act, 2015 (4 of 2016), and the rules made thereunder. (2) The provisions of sub-section (1) shall be applicable to the tribunals notified by the Central Government or a State Government, as the case may be. (3) For the purposes of sub-sections (1) and (2), unless otherwise agreed upon by the parties, a mediator,— (i) registered with the Council; or (ii) empanelled by a court-annexed mediation centre; or (iii) empanelled by an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987); or (iv) empanelled by a mediation service provider recognised under this Act, shall conduct pre-litigation mediation. (4) For conducting pre-litigation mediation under clauses (ii) and (iii) of sub-section (3), a party may request any person designated for this purpose by the High Courts, or an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987), as the case may be. (5) The court-annexed mediation centre and an Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987), shall maintain a panel of mediators for the purposes of pre-litigation mediation. (6) Notwithstanding anything contained in sub-sections (1) and (2) and the Motor Vehicles Act, 1988 (59 of 1988), when an application for compensation arising out of an accident is made before the Claims Tribunal, if the settlement as provided for in section 149 of that Act is not arrived at between the parties, the Claims Tribunal shall refer the parties for mediation to a mediator or mediation service provider under this Act. (7) Where the parties arrive at a settlement agreement under sub-section (6), it shall be placed before the Claims Tribunal for its consideration. (8) If the parties do not reach to settlement agreement under sub-section (6), a non-settlement report prepared by the mediator shall be forwarded to the Claims Tribunal, which has referred the matter for mediation, for adjudication.
6. Disputes or matters not fit for mediation.—(1) A mediation under this Act shall not be conducted for resolution of any dispute or matter contained in the indicative list under the First Schedule: Provided that nothing contained herein shall prevent any court, if deemed appropriate, from referring any dispute relating to compoundable offences including the matrimonial offences which are compoundable and pending between the parties, to mediation: Provided further that the outcome of such mediation shall not be deemed to be a judgment or decree of court referred to in sub-section (2) of section 27, and shall be further considered by the court in accordance with the law for the time being in force. (2) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the First Schedule.
7. Power of court or tribunal to refer parties to mediation.—(1) Notwithstanding the nonsettlement of dispute under sub-section (1) of section 5, the court or tribunal may, at any stage of proceeding, refer the parties to undertake mediation. (2) If the court or tribunal refers the parties to undertake mediation, it may pass suitable interim order to protect the interest of any party if deemed appropriate. 8 (3) The parties shall not be under obligation to come to a settlement in the mediation pursuant to a reference under sub-section (1).