Section 43 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 43 provides for community mediation of disputes likely to affect peace, harmony and tranquillity among residents or families of an area or locality. It needs the prior mutual consent of the parties, an application to a legal services Authority or, where there is none, to the District Magistrate or Sub-Divisional Magistrate, and a panel of three community mediators drawn from a permanent panel.
Any dispute likely to affect peace, harmony and tranquillity amongst residents or families of an area or locality may be settled by community mediation with the prior mutual consent of the parties. A party applies to the legal services Authority, or to the District Magistrate or Sub-Divisional Magistrate where no Authority has been constituted. That body forms a panel of three community mediators from a permanent panel that it notifies and may revise, and that panel may include respected residents, recognised local persons, resident welfare association representatives and experienced mediators. The Act comes into force by notification, and the date is not in the text consulted.
Section 43(1): which disputes and on what terms
Section 43(1) reads "Any dispute likely to affect peace, harmony and tranquillity amongst the residents or families of any area or locality may be settled through community mediation with prior mutual consent of the parties to the dispute."
Three things define the scope:
- The nature of the dispute. It must be one "likely to affect peace, harmony and tranquillity" among residents or families of an area or locality. The Act does not list examples, and the words are the guide. A noise or parking row in a housing society, a boundary dispute between neighbours, or a dispute over shared amenities in a locality would be the kind of matter these words describe, though the Act does not name them.
- Consent. The consent must be "prior" and "mutual". Neither side can be pushed into it.
- Voluntary settlement. The verb is "may be settled", not "shall".
Section 3(b) defines "community mediator" as a mediator for the purposes of conduct of community mediation under Chapter X, which consists of sections 43 and 44. Section 25(1) excludes community mediation from the cost of mediation that is to be specified; see our article on section 25. The text consulted does not say what, if anything, the parties pay in community mediation.
If you manage a housing society or a residents' association and want to know whether a local dispute fits, our mediation services team can look at the facts with you.
Section 43(2): the application
Section 43(2) says "any of the parties shall make an application before the concerned Authority constituted under the Legal Services Authorities Act, 1987 or District Magistrate or Sub-Divisional Magistrate in areas where no such Authority has been constituted, for referring the dispute to mediation."
| Where the parties live | Who receives the application |
|---|---|
| An area where an Authority under the Legal Services Authorities Act, 1987 has been constituted | That Authority |
| An area where no such Authority has been constituted | The District Magistrate or the Sub-Divisional Magistrate |
Note "any of the parties shall make an application": one party applies, though the dispute can be settled through community mediation only with prior mutual consent under sub-section (1). The form and fee, if any, of the application are not in the text consulted.
Section 43(3): a panel of three
Section 43(3) says that to facilitate settlement of a dispute for which an application has been received under sub-section (2), the concerned Authority or the District Magistrate or Sub-Divisional Magistrate "shall constitute panel of three community mediators". Each dispute thus has its own panel of exactly three. Section 44(1) says community mediation "shall be conducted by the panel of three community mediators referred to in sub-section (3) of section 43"; see our article on community mediation procedure.
Section 43(4): the permanent panel
Section 43(4) says "the Authority or District Magistrate or the Sub-Divisional Magistrate, as the case may be, shall notify a permanent panel of community mediators, which may be revised from time to time." So the three for a case come from a standing panel that is notified and can be revised. The text does not say how the three are chosen from it.
Section 43(5): who may be on the permanent panel
Section 43(5) says "The following persons may be included in the panel referred to in sub-section (4)":
| Clause | Person |
|---|---|
| (a) | Person of standing and integrity who is respectable in the community |
| (b) | Any local person whose contribution to society has been recognised |
| (c) | Representative of area or resident welfare associations |
| (d) | Person having experience in the field of mediation |
| (e) | Any other person deemed appropriate |
The word is "may": these are persons who may be included, and clause (e) leaves the door open. The Act sets no academic or professional qualification for them in this sub-section. Compare the position for a mediator generally: section 3(i) defines "mediator", section 8(1) proviso leaves foreign mediators' qualifications to be specified, and section 38(e) deals with registration with the Council. A community mediator need not, on the text of section 43, be registered with the Council.
Section 43(6): representation
Section 43(6) says "While making panel referred to in sub-section (4) the representation of women or any other class or category of persons may be considered." Again the word is "may". The Act names women and leaves "any other class or category" open.
How community mediation differs from other mediation
| Feature | Community mediation (sections 43 and 44) | Other mediation under the Act |
|---|---|---|
| Subject | Disputes likely to affect peace, harmony and tranquillity in an area or locality | Civil and commercial disputes, subject to section 6 |
| Consent | Prior mutual consent | Mediation agreement or reference, as the case may be |
| Where to apply | Authority, or District Magistrate or Sub-Divisional Magistrate | Mediator, provider or court-annexed centre, depending on the route |
| Mediators | Panel of three from a permanent panel | Mediator appointed by the parties or provider under section 8 |
| Cost | Outside section 25(1) | Section 25 |
| Settlement | Not enforceable as a judgment or decree of a civil court (section 44(4)) | Enforceable under section 27 |
For the ordinary appointment route, see our article on section 8. For enforcement of ordinary settlements, see our article on section 27.
Practical steps for a society or association
- Check that the dispute is of the kind that affects the peace, harmony and tranquillity of the locality.
- Obtain the other side's prior consent in writing.
- Find out whether a legal services Authority has been constituted for your area, or whether the application goes to the District Magistrate or Sub-Divisional Magistrate.
- Make the application for referring the dispute to mediation.
- Be ready to engage with the panel of three, which will devise its own procedure under section 44(1).
Need help with a neighbourhood or society dispute?
Local disputes tend to involve repeat relationships, so the way you start the process matters. We can help you decide whether community mediation fits and prepare your application through our mediation services.
Key takeaways
- Community mediation is for disputes likely to affect peace, harmony and tranquillity amongst residents or families of an area or locality (section 43(1)).
- It needs the prior mutual consent of the parties.
- A party applies to the legal services Authority, or the District Magistrate or Sub-Divisional Magistrate where there is none (section 43(2)).
- A panel of three community mediators is constituted from a permanent panel notified and revised from time to time (section 43(3) and (4)).
- The panel may include respected residents, local persons, resident welfare association representatives and experienced mediators (section 43(5)).
Read next
- Section 44 of the Mediation Act, 2023: procedure for community mediation
- Sections 40-42: mediation service providers and mediation institutes
- Section 5 of the Mediation Act, 2023: pre-litigation mediation
- 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.