Section 30 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 30 allows online mediation, including pre-litigation mediation, at any stage of mediation under the Act, with the written consent of the parties. It may use electronic mail, secure chat rooms or video or audio conferencing, must preserve the integrity of the proceedings and confidentiality, and is conducted in the manner to be specified.
Online mediation, including pre-litigation mediation, may be conducted at any stage with the written consent of the parties, by electronic form or computer networks, not limited to encrypted email, secure chat rooms or video or audio conferencing. The process is to be in the manner as may be specified. It must ensure integrity of proceedings and confidentiality at all times, and a settlement from online mediation is a mediated settlement agreement. The Act comes into force by notification, and the date is not in the text consulted.
Section 30(1): consent and means
Section 30(1) reads "Online mediation including pre-litigation mediation may be conducted at any stage of mediation under this Act, with the written consent of the parties including by the use of electronic form or computer networks but not limited to an encrypted electronic mail service, secure chat rooms or conferencing by video or audio mode or both."
Four features:
- Consent in writing. The parties must consent in writing. A party cannot be put into online mediation without its written consent. Under section 3(x), a "secure electronic signature" with reference to online mediation means electronic signatures referred to in section 15 of the Information Technology Act, 2000, which gives one way to sign the consent and the settlement electronically.
- Any stage. The online format can be used at any stage of mediation under the Act, so a mediation that started in person can move online, and the reverse is a question for the parties and the mediator.
- Pre-litigation included. Online mediation covers pre-litigation mediation under section 5.
- Open list of means. "Electronic form or computer networks" with the words "but not limited to" an encrypted electronic mail service, secure chat rooms or conferencing by video or audio mode or both.
The definition in section 3(q) points "online mediation" to section 30. If your business has counterparties in several cities, online mediation can reduce travel; our mediation services team can set up the written consent and the technical arrangements.
Section 30(2): the manner is left to regulations
Section 30(2) says "The process of online mediation shall be in such 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 states no platform, step or technical standard.
Section 30(3): integrity and confidentiality
Section 30(3) says "The conduct of online mediation shall be in the circumstances, which ensure that the essential elements of integrity of proceedings and confidentiality are maintained at all times and the mediator may take such appropriate steps in this regard as he deems fit." Two points arise. The duty is stated as an outcome (integrity and confidentiality maintained at all times), and the mediator has discretion to take steps he deems fit. The text does not list those steps, so the mediator might, for example, control who is in the virtual room, but the Act does not say so.
Section 30(4): mediation communications
Section 30(4) says "Subject to the other provisions of this Act, the mediation communications in the case of online mediation shall, ensure confidentiality of mediation." Read with section 22, the confidentiality rules apply equally to online mediation, including the ban on audio or video recording in section 22(2), which applies "whether conducted in person or online". A party who records an online session on its own device breaches that rule. Section 3(k) defines mediation communication to include communication in electronic form; see our article on section 22.
How the Act refers to online mediation elsewhere
| Provision | What it says about online mediation |
|---|---|
| Section 3(q) | Defines online mediation by reference to section 30 |
| Section 3(x) | Secure electronic signature for online mediation means signatures under section 15 of the Information Technology Act, 2000 |
| Proviso to section 13 | On mutual consent, mediation may be conducted at a place outside the territorial jurisdiction, or by way of online mediation |
| Explanation to section 13 | Such mediation is deemed within the jurisdiction of the competent court or tribunal for enforcement, challenge and registration |
| Section 19(5) | A mediated settlement agreement includes a settlement agreement resulting from online mediation |
| Section 22(2) | No audio or video recording, whether in person or online |
The location rule is useful. Under the proviso and Explanation to section 13, parties in different cities can meet online and the mediation is deemed to be within the jurisdiction of the competent court for enforcement, challenge and registration. See our article on sections 13 and 14. For the settlement, see our article on section 19.
Gaps and cautions
The Act does not say who provides the platform, who bears its cost (section 25 gives the default sharing of costs, subject to regulations; see our article on section 25), how identity is verified, or how documents are exchanged. It does not say how a written consent is to be recorded, though an exchange of emails or a signed form would appear to be a record in writing. It does not describe a minimum number of in-person sessions, and the text consulted is silent on the point. Anything beyond the printed text should be taken from regulations once you have checked that they exist; none are in the text consulted.
An example
Das Garments in Surat and Khan Retail in Lucknow have a payment dispute. Both sign a short written consent to online mediation and agree a mediator. The sessions run by video, with a private chat room for separate meetings. Nobody records the session. The mediator reminds both sides of section 22(2) at the start. When a settlement is reached, the parties sign electronically and the mediator authenticates it, and it counts as a mediated settlement agreement under section 19(5). The names are invented for illustration.
Practical checklist
- Get the written consent of every party before moving online.
- Agree the platform and who can attend.
- Switch off any recording features and tell attendees about section 22(2).
- Use a secure electronic signature where documents are signed online.
- Keep a record of the date the settlement copy is received, because the periods in sections 20 and 28 run from receipt.
Need help arranging an online mediation?
Moving a mediation online needs written consent, agreed ground rules and a record of the steps. We can help you set it up and run your side through our mediation services.
Key takeaways
- Online mediation, including pre-litigation mediation, may be conducted at any stage with the written consent of the parties (section 30(1)).
- The means are not limited to the three named: encrypted email, secure chat rooms, video or audio conferencing.
- The manner is left to regulations (section 30(2)), and none are in the text consulted.
- Integrity of proceedings and confidentiality must be maintained at all times (section 30(3)); recording is barred (section 22(2)).
- A settlement from online mediation is a mediated settlement agreement (section 19(5)).
Read next
- Section 22 of the Mediation Act, 2023: confidentiality of mediation
- Sections 13-14: territorial jurisdiction and commencement of mediation
- Section 19 of the Mediation Act, 2023: mediated settlement agreement
- 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.