Section 22 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 22 makes the mediator, the mediation service provider, the parties and the participants keep certain matters confidential. It bans audio and video recording of the proceedings, stops any party from relying on mediation material as evidence before a court or tribunal (including an arbitral tribunal), and keeps two carve-outs.
The mediator, the provider, the parties and the participants must keep confidential admissions, proposals, willingness to accept proposals, documents prepared solely for the mediation and any other mediation communication. No audio or video recording may be made or maintained, in person or online. No party may rely on or introduce as evidence such material before a court or tribunal, including an arbitral tribunal, and the forum "shall not take cognizance" of it. The mediated settlement agreement is carved out where disclosure is needed for registration, enforcement or challenge. The Act comes into force by notification, and the date is not in the text consulted.
Section 22(1): what is confidential and who is bound
Section 22(1) begins "Subject to the other provisions of this Act" and binds four groups: the mediator, the mediation service provider, the parties and the participants in the mediation. Participants are persons other than the parties who take part and include advisers, advocates, consultants, technical experts and observers (section 3(r)).
The matters to be kept confidential are listed:
| Clause | Matter |
|---|---|
| (i) | Acknowledgements, opinions, suggestions, promises, proposals, apologies and admissions made during the mediation |
| (ii) | Acceptance of, or willingness to accept, proposals made or exchanged in the mediation |
| (iii) | Documents prepared solely for the conduct of mediation or in relation thereto |
| (iv) | Any other mediation communication |
"Mediation communication" is defined in section 3(k) as communication, in electronic form or otherwise, through anything said or done, any document or any information provided, for the purposes of, in relation to or in the course of mediation, and it includes a mediation agreement and a mediated settlement agreement. Clause (iii) is narrower: documents prepared "solely" for the mediation. A document that already existed, such as a purchase order, is not covered by clause (iii) merely because it is shown at the mediation, though clause (iv) covers the communication of it in the mediation. Whether a particular pre-existing document is protected is a point to check on its own facts.
If you are about to enter a mediation and want to agree ground rules on documents and note-taking, our mediation services team can help.
Section 22(2): no recording
Section 22(2) says "No audio or video recording of the mediation proceedings shall be made or maintained by the parties or the participants including the mediator and mediation service provider, whether conducted in person or online to ensure confidentiality of the conduct of mediation proceedings." The words "made or maintained" matter: it is not enough to delete a recording later; making and keeping are both barred. The bar covers parties, participants, the mediator and the provider, and it applies to online mediation too. The section says audio or video; it does not mention written notes, and the text consulted gives no rule on them beyond clause (iii) above.
Section 22(3): no use as evidence
Section 22(3) says "No party to the mediation shall in any proceeding before a court or tribunal including arbitral tribunal, rely on or introduce as evidence any information or communication set forth in clauses (i) to (iv) of sub-section (1), including any information in electronic form, or verbal communication and the court or tribunal including arbitral tribunal shall not take cognizance of such information or evidence."
Three points follow. The bar is on the party's use ("rely on or introduce as evidence"); the forum is also told it "shall not take cognizance" of it. It applies to electronic and verbal material. And it applies expressly before arbitral tribunals, so a party cannot use a mediation offer to build an arbitration case. If you have already been through a failed mediation and are heading to a court or arbitration, build your case from material that exists outside the mediation. Our guide on arbitration vs litigation vs mediation shows how the forums differ.
Section 22(4): general information for research and training
Section 22(4) says the section "shall not prevent the mediator from compiling or disclosing general information concerning matters that have been subject of mediation, for research, reporting or training purposes, if the information does not expressly or indirectly identify a party or participants or the specific disputes in the mediation". Two conditions: the purpose is research, reporting or training, and nothing identifies a party, a participant or the specific dispute, expressly or indirectly. The word "indirectly" shuts the door on thinly disguised case studies.
The Explanation: the settlement agreement
"For the removal of doubts, it is hereby clarified that nothing contained in this section shall apply to the mediated settlement agreement where its disclosure is necessary for the purpose of registration, enforcement and challenge." A settlement agreement is itself a mediation communication (section 3(k)), but it can be shown to the registering Authority or body (section 20), to the court in an enforcement under section 27 and to the court or tribunal in a challenge under section 28. See our article on section 20 and our article on section 27.
Limits of section 22
Section 22 is "subject to the other provisions of this Act". Section 23 adds a bar on mediators and participants being compelled to disclose, with a proviso for claims of professional misconduct or malpractice by the mediator and a list of matters that carry no privilege or confidentiality; see our article on section 23. Section 30(4) says mediation communications in online mediation shall ensure confidentiality. The Act does not provide a penalty for breach of section 22 in the text consulted, and this article does not state one. Nor is there any statement of damages or contempt.
A practical example
Sen Foods and Iyer Logistics mediate a freight dispute. In the session Iyer Logistics admits a delay and proposes a credit note. The mediation fails. When Sen Foods sues, it cannot rely on the admission or the credit note proposal, and the court is told in section 22(3) not to take cognizance of them. Sen Foods' counsel also finds that a colleague recorded part of the session on a phone. Section 22(2) bars making or maintaining that recording. The names are invented for illustration.
Practical steps
- Brief everyone who will attend, including advisers and observers, that they are bound.
- Keep phones and recorders off, in person and online.
- Mark documents prepared for the mediation as such.
- Keep mediation material separate from your litigation file.
- Disclose the settlement agreement only for registration, enforcement or challenge.
Need help protecting confidential mediation material?
A slip with a recording, a shared note or a casual admission can undo the protection the Act is designed to give. We can brief your team and set ground rules through our mediation services.
Key takeaways
- The mediator, provider, parties and participants must keep the listed matters confidential (section 22(1)).
- No audio or video recording may be made or maintained, in person or online (section 22(2)).
- Mediation information cannot be relied on or introduced as evidence before a court or tribunal, including an arbitral tribunal (section 22(3)).
- The mediator may share general, non-identifying information for research, reporting or training (section 22(4)).
- The settlement agreement may be disclosed where necessary for registration, enforcement and challenge.
Read next
- Section 23 of the Mediation Act, 2023: admissibility and privilege against disclosure
- Sections 15-17: conduct of mediation and role of the mediator
- Section 30 of the Mediation Act, 2023: online mediation
- The Mediation Act 2023 for commercial and trade disputes
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.