Section 23 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 23 stops a mediator, participants and others involved in the mediation from being permitted or compelled to disclose mediation communications to any court, tribunal or adjudicatory proceeding. A proviso preserves disclosure to prove or dispute a claim of mediator misconduct, and sub-section (2) lists three matters to which no privilege or confidentiality attaches.
No mediator, participant (including experts and advisers engaged for the mediation) or person involved in the administration of the mediation may at any time be permitted or compelled to disclose any mediation communication to a court, tribunal or adjudicatory proceeding. The proviso lets information be used to prove or dispute a claim of professional misconduct or malpractice by the mediator. There is no privilege or confidentiality for a threat to commit an offence, information on domestic violence or child abuse, or a significant imminent threat to public health or safety. The Act comes into force by notification, and the date is not in the text consulted.
Section 23(1): the privilege
Section 23(1) reads "No mediator or participant in the mediation, including experts and advisers engaged for the purpose of the mediation and persons involved in the administration of the mediation, shall at any time be permitted, or compelled to disclose to any court or tribunal, or in any adjudicatory proceedings, by whatever description, any communication in mediation, or to state the contents or conditions of any document or nature or conduct of parties during mediation including the content of negotiations or offers or counter offers with which they have become acquainted during the mediation".
Who is protected: the mediator, participants, experts and advisers engaged for the mediation, and persons involved in its administration. Under section 3(r), participants include advisers, advocates, consultants, technical experts and observers.
What they cannot be made to disclose:
- any communication in mediation;
- the contents or conditions of any document;
- the nature or conduct of the parties during mediation; and
- the content of negotiations, offers or counter offers.
Where: to any court or tribunal, or in any adjudicatory proceedings "by whatever description". The words "at any time" mean the protection continues after the mediation ends.
Compare section 22. Section 22(3) bars a party from relying on or introducing mediation material as evidence, while section 23(1) protects the mediator and the others from being permitted or compelled to disclose. Together they protect the material from both sides: the party cannot produce it, and the people who know it cannot be made to speak. See our article on section 22.
If you are advising a business on what to say or hold back in mediation, our mediation services team can help plan the approach.
The proviso: claims of misconduct or malpractice
The proviso says "nothing in this section and section 22 shall protect from disclosure, information sought or provided to prove or dispute a claim or complaint of professional misconduct of mediator or malpractice based on conduct occurring during the mediation". Notice that it overrides both section 23 and section 22. The information can be sought or provided by either side of such a claim: the person complaining, and the mediator defending. The proviso is limited to claims of professional misconduct of the mediator or malpractice based on conduct occurring during the mediation. It does not open the mediation file for ordinary disputes about the underlying business matter. The Act does not set out where such a complaint is to be made, and no regulations on the point are in the text consulted.
Section 23(2): no privilege or confidentiality
Section 23(2) says "There shall be no privilege or confidentiality that will attach to" three things:
| Clause | Matter | Plain reading |
|---|---|---|
| (a) | A threat or statement of a plan to commit an offence punishable under any law for the time being in force | Saying in mediation that you will commit an offence does not stay secret |
| (b) | Information relating to domestic violence or child abuse | Not protected |
| (c) | Statements made during a mediation showing a significant imminent threat to public health or safety | Not protected |
Clause (a) covers "a threat or statement of a plan" to commit an offence. A past offence is not named in clause (a), so a party should not assume either way; the text speaks of a threat or plan. Clause (c) is limited to a "significant imminent" threat to public health or safety. The section does not say who may disclose these matters or to whom, and the text consulted gives no procedure.
How sections 22 and 23 fit together
| Feature | Section 22 | Section 23 |
|---|---|---|
| Who is bound | Mediator, provider, parties, participants | Mediator, participants, experts, advisers, persons involved in administration |
| Core rule | Keep confidential; no recordings; no reliance as evidence | Not to be permitted or compelled to disclose to any court, tribunal or adjudicatory proceeding |
| Settlement agreement | Disclosure allowed where necessary for registration, enforcement and challenge (Explanation) | Not separately mentioned |
| Misconduct claims | Proviso to section 23 covers both sections | Proviso covers both sections |
| Exceptions | Sub-section (4) general information; Explanation | Sub-section (2) three matters |
Notice that the provider appears in section 22(1) but section 23(1) refers to "persons involved in the administration of the mediation", a phrase that may well take in people at a provider who administer the process; the section does not list them.
Where the sections are used
Mediation material often comes up in later proceedings: a suit after a failed mediation, an arbitration, or a challenge to the settlement agreement under section 28 on grounds of fraud, corruption or impersonation. In a challenge, the settlement agreement itself can be shown under the Explanation to section 22, but the talks that led to it remain protected under sections 22 and 23, subject to the proviso and sub-section (2). For the challenge, see our article on section 28. For the mediator's duties generally, see our article on sections 15 to 17.
A practical example
Patel Engineering and Dutta Infra mediate a contract dispute. During a session a representative of Dutta Infra states a plan to damage the other side's goods. Under section 23(2)(a), no privilege or confidentiality attaches to that statement. The rest of the session, including the offers on price, stays protected. Later, Patel Engineering is unhappy with the mediator's conduct and files a complaint; under the proviso, information needed to prove or dispute that complaint can be disclosed. The names are invented for illustration.
Need help understanding what stays protected?
The boundary between protected talks and the exceptions can matter in a later proceeding. We can look at your position and advise through our mediation services.
Key takeaways
- Mediators, participants and persons involved in administration cannot be permitted or compelled to disclose mediation communications to any court, tribunal or adjudicatory proceeding (section 23(1)).
- The protection applies "at any time".
- The proviso allows disclosure to prove or dispute a claim of professional misconduct or malpractice of the mediator.
- No privilege attaches to a threat or plan to commit an offence, information on domestic violence or child abuse, or a significant imminent threat to public health or safety (section 23(2)).
- The Act comes into force by notification; the date is not in the text consulted.
Read next
- Section 22 of the Mediation Act, 2023: confidentiality of mediation
- Sections 25-26 of the Mediation Act, 2023: cost of mediation and Lok Adalat proceedings
- Section 28 of the Mediation Act, 2023: challenge to mediated settlement agreement
- 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.