Sections 15-17 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.
Sections 15 to 17 describe how a mediation is run and what the mediator may and may not do. The mediator assists the parties in an independent, neutral and impartial way, is not bound by the Code of Civil Procedure or the Evidence Act, facilitates a voluntary resolution, and cannot later act as arbitrator, counsel or witness in the same dispute.
Section 15 says the process is conducted as may be specified and requires the mediator to be independent, neutral and impartial, guided by objectivity and fairness, and to protect voluntariness, confidentiality and self-determination. The mediator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. Under section 16, the mediator facilitates, never imposes, and must tell the parties so expressly. Section 17 bars the mediator from acting as arbitrator, representative or counsel, or being presented as a witness. The Act comes into force by notification, and the date is not in the text consulted.
Section 15(1): the manner of conduct is left to regulations
Section 15(1) says "The mediation process shall be conducted in the manner as may be specified". "Specified" means specified by regulations of the Mediation Council of India (section 3(y)). No regulations are in the text consulted, so this article gives no procedural step, form or standard. Section 57 provides that rules governing court-annexed mediation continue until regulations are made under section 15(1); see our article on section 7.
Section 15(2) and (3): the mediator's standards
Section 15(2) says the mediator "shall assist the parties in an independent, neutral and impartial manner in their attempt to reach an amicable settlement of their dispute". Section 15(3) adds that the mediator "shall at all times be guided by the principles of objectivity and fairness and protect the voluntariness, confidentiality and self-determination of the parties, and the standards for professional and ethical conduct as may be specified".
The standards of professional and ethical conduct are again left to regulations. The three named protections are voluntariness, confidentiality and self-determination, and the guiding principles are objectivity and fairness. Disclosure of conflicts under section 10 is the practical side of independence; see our article on sections 9 and 10.
Section 15(4): measures the mediator may take
Section 15(4) says the mediation process "may include the mediator taking such measures as may be considered appropriate, taking into account the circumstances of the case". The measures named include "meeting with parties or participants, jointly or separately, as frequently as deemed fit by the mediator", both to convene the mediation and during it, "for the orderly and timely conduct of the process and to maintain its integrity". So joint sessions and separate meetings (often called caucuses in practice) are both within the mediator's discretion. The word "including" shows the list is not exhaustive.
Section 15(5) and (6): no CPC or Evidence Act, and language
Section 15(5) says the mediator "shall not be bound by the Code of Civil Procedure, 1908, or the Indian Evidence Act, 1872". There is no formal pleading, evidence or hearing procedure. Section 15(6) says the mediator, "with the consent of the parties", shall determine the language or languages to be used. A dispute between a Gujarat supplier and a Tamil Nadu buyer can therefore run in a language both are comfortable with, if both consent.
If you want your team prepared for a process that has no formal rules of evidence, our mediation services practice can plan your position and documents with you.
Section 16: what the mediator does
Section 16(1) says the mediator "shall attempt to facilitate voluntary resolution of the dispute by the parties and communicate the view of each party to the other to the extent agreed to by them". The mediator is to assist them in:
- identifying issues;
- advancing better understanding;
- clarifying priorities;
- exploring areas of settlement; and
- generating options,
in an attempt to resolve the dispute expeditiously, "emphasising that it is the responsibility of the parties to take decision regarding their claims". Note the limit: the mediator communicates one party's view to the other only "to the extent agreed to by them".
Section 16(2) requires that the parties "be informed expressly by the mediator that he only facilitates in arriving at a decision to resolve a dispute and that he shall not impose any settlement nor give any assurance that the mediation may result in a settlement". Two statements are therefore required: the mediator only facilitates, and there is no assurance of settlement. This follows from the definition of mediation in section 3(h).
Section 17: what the mediator must not do
Section 17 says "The mediator shall not—" followed by two clauses:
| Clause | Bar |
|---|---|
| (a) | Act as an arbitrator, or as a representative or counsel of a party, in any arbitral or judicial proceeding in respect of a dispute that is the subject matter of the mediation proceedings |
| (b) | Be presented by the parties as a witness in any arbitral or judicial proceeding |
Clause (a) applies to a dispute that is the subject matter of the mediation. A person who mediated a supply dispute cannot later be the arbitrator or the counsel for either side on that dispute. Clause (b) is about a mediator being presented by the parties as a witness. It sits with the confidentiality rules in sections 22 and 23, which protect mediation communications; see our article on section 22 and our article on section 23.
The bar on acting as an arbitrator connects with the Arbitration and Conciliation Act, 1996. For how an arbitrator's own disclosure and grounds for challenge work under that Act, see our article on section 12 of that Act. Where the same person is being considered for a later role, check section 17 first.
How the sections fit together
| Section | Focus | Key words |
|---|---|---|
| 15(1) | Manner of conduct | "as may be specified" |
| 15(2), (3) | Standards | independent, neutral, impartial; objectivity and fairness |
| 15(4) | Measures | meetings jointly or separately |
| 15(5), (6) | Procedure and language | not bound by CPC or Evidence Act; language by consent |
| 16(1), (2) | Facilitation | no imposition; no assurance |
| 17 | Bars | not arbitrator, counsel, representative or witness |
Need help with the mediation process?
Knowing what the mediator will and will not do helps you prepare a settlement position rather than a litigation brief. We can help you plan the sessions, the documents and the options through our mediation services.
Key takeaways
- The manner of conducting mediation and the ethical standards are left to regulations (section 15(1), (3)).
- The mediator must be independent, neutral and impartial and is not bound by the CPC or the Evidence Act.
- The mediator facilitates, communicates views only as far as agreed, and must tell the parties there is no imposed settlement and no assurance of one (section 16).
- The mediator cannot act as arbitrator, representative or counsel, or be presented as a witness, on the same dispute (section 17).
- 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
- Section 22 of the Mediation Act, 2023: confidentiality of mediation
- Sections 9-10: preference of parties, conflict of interest and disclosure
- Arbitration vs litigation vs mediation: a comparison
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.