Sections 13-14 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 13 says where a mediation must take place: within the territorial jurisdiction of the court or tribunal that could decide the dispute, unless the parties mutually agree to hold it elsewhere or online. Section 14 fixes the date on which mediation is deemed to commence, which matters for the time limit and for limitation.
Every mediation must be within the territorial jurisdiction of the competent court or tribunal, but on mutual consent it may be held outside that area or online, and then it is deemed to be within that jurisdiction for enforcement, challenge and registration of the settlement. Under section 14, mediation commences on receipt of the notice (where an agreement already exists), on the date the mediator consents (parties chose the mediator), or on the date a mediator is appointed (application to a provider). The Act comes into force by notification, and the date is not in the text consulted.
Section 13: the place of mediation
Section 13 says "Every mediation under this Act shall be undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction to decide the subject matter of dispute". The general rule links the place of mediation to the forum that would hear the dispute. See our guide on jurisdiction of civil courts for how territorial jurisdiction is ordinarily worked out.
The proviso. "On the mutual consent of the parties, mediation may be conducted at any place outside the territorial jurisdiction of the court or tribunal, or by way of online mediation." Two options are given, a place outside the jurisdiction and online mediation, and both depend on mutual consent. Section 30 deals with online mediation (see our article on section 30).
The Explanation. "For the removal of doubts, it is clarified that where the parties agree to conduct the mediation at any place outside the territorial jurisdiction or online, for the purpose of enforcement, challenge and registration of the mediated settlement agreement, the same shall be deemed to have been undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction." In plain terms, even if the parties meet in another city or over video, the settlement is treated as made within the home jurisdiction when it comes to enforcement (section 27), challenge (section 28) and registration (section 20).
A business with offices in two cities can therefore agree to meet at a neutral venue or online without losing the link to the proper court for later steps. If you want to build that agreement into your contract, our mediation services team can help with the clause.
Section 14: when mediation is deemed to commence
Section 14 says "The mediation proceedings with respect to a particular dispute shall be deemed to have commenced" on a date that depends on how the mediation began:
| Clause | Situation | Date of commencement |
|---|---|---|
| (a) | An existing agreement between the parties to settle the dispute through mediation | The date on which a party or parties receives notice from the party initiating the mediation, to refer the dispute to mediation |
| (b)(i) | In other cases: the parties have agreed to appoint a mediator of their choice for mediation and settlement | The date the mediator provides his consent to appointment |
| (b)(ii) | In other cases: one of the parties applies to a mediation service provider | The date of appointment of a mediator |
Clause (a) turns on notice. If your supply contract contains a mediation clause and you serve a notice referring the dispute to mediation, mediation is deemed to commence on the date the other party receives it. The phrase in the text is "a party or parties receives notice", so what matters is receipt, and the sub-section does not say which party's receipt counts where there are several. Keep proof of delivery. For notices generally, see our guides on legal notice format and drafting.
Clause (b) applies "in other cases", that is, where there is no existing agreement to mediate. Sub-clause (i) covers parties who agree on a mediator of their choice, and the date is the one on which the mediator "provides his consent to appointment". Sub-clause (ii) covers an application to a mediation service provider, with the date of appointment of the mediator. These match the two appointment routes in section 8; see our article on section 8.
Why the date matters
Section 14 is not just a label. Three other provisions use the date of commencement:
- Limitation (section 29). In computing a period of limitation for a proceeding relating to disputes on which mediation was undertaken, the period from the date of commencement of mediation under section 14 up to submission of the report under section 21 or termination under section 24 is excluded. See our article on sections 21, 24 and 29.
- Time limit (section 18). The one hundred and twenty days run from "the date fixed for the first appearance before the mediator", which is a different trigger, so the two dates may differ. See our article on section 18.
- Pre-litigation planning. A party who is close to a limitation date should record the commencement date carefully; for general limitation periods, see our guide on limitation for filing suits.
Gaps and cautions
Section 14 does not say what happens where the notice under clause (a) is received on different dates by different parties, or whether the clause (a) date is affected if the mediator is appointed later. The text consulted offers no rule beyond what is printed. Nor does it say how the notice should be sent or what it must contain; the manner of conducting mediation is left to regulations under section 15(1), and none are in the text consulted.
Section 13 does not say who decides where the mediation is held if the parties cannot agree. The default is the territorial jurisdiction of the court or tribunal of competent jurisdiction; moving elsewhere needs mutual consent.
Putting it together: an example
Meera Textiles has a supply contract with Kapoor Garments with a mediation clause. A payment dispute arises and Meera serves a notice referring the dispute to mediation, received by Kapoor on a Monday. Under section 14(a), mediation is deemed to commence that Monday. The two companies are in different cities and agree by email to meet online. Under the proviso to section 13, that is permitted on mutual consent, and under the Explanation, for enforcement, challenge and registration the mediation is deemed to have taken place within the jurisdiction of the competent court. The names are invented for illustration.
Need help with the start of a mediation?
The way a mediation begins, by notice, by choosing a mediator or by applying to a provider, decides the date that counts. We can help you start it correctly and keep the record through our mediation services.
Key takeaways
- A mediation must take place within the territorial jurisdiction of the competent court or tribunal, unless the parties mutually consent to another place or online (section 13).
- The Explanation treats such a mediation as within that jurisdiction for enforcement, challenge and registration.
- Mediation is deemed to commence on receipt of notice, on the mediator's consent, or on the mediator's appointment, depending on the route (section 14).
- The commencement date feeds into the limitation exclusion in section 29.
- The Act comes into force by notification; the date is not in the text consulted.
Read next
- Section 18 of the Mediation Act, 2023: time limit for completion of mediation
- Sections 21, 24 and 29: non-settlement report, termination and limitation
- Section 30 of the Mediation Act, 2023: online mediation
- Limitation period for contract suits
Disclaimer: Based on the Mediation Act, 2023 as enacted and published in the Gazette of India on 15 September 2023, as consulted on 2 October 2026. The Act comes into force by notification; the commencement of each provision, the rules and the regulations should be checked. This article is general information, not legal advice; check the official text before acting.