Section 44 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 44 says how a community mediation runs once the panel of three is formed. The panel devises a suitable procedure, a settlement is written, signed by the parties and authenticated by the community mediators, a failed mediation produces a non-settlement report, and the settlement is not enforceable as a judgment or decree of a civil court. Registration under section 20 applies with the necessary changes.
Community mediation is conducted by the panel of three under section 43(3), which devises a suitable procedure. A settlement may be reduced into writing, signed by the parties and authenticated by the community mediators, with a copy to the parties. If there is none, a non-settlement report may be submitted to the Authority or Magistrate and to the parties. A settlement under Chapter X is for maintaining peace, harmony and tranquillity but is not enforceable as a judgment or decree of a civil court. Section 20 applies mutatis mutandis to its registration. The Act comes into force by notification, and the date is not in the text consulted.
Section 44(1): the panel devises the procedure
Section 44(1) reads "Any community mediation shall be conducted by the panel of three community mediators referred to in sub-section (3) of section 43 who shall devise suitable procedure for the purpose of resolving the dispute." Two points. The panel is the one constituted under section 43(3) for that dispute, drawn from the permanent panel (see our article on section 43). And the procedure is for the panel to devise: the sub-section prescribes no steps, timetable or form. Compare section 15(1), where the manner of ordinary mediation is "as may be specified" by regulations; here, the Act itself lets the panel set the procedure. Whether regulations will also deal with community mediation is not stated in the text consulted.
If a society or association in your area is preparing to bring a local dispute to community mediation, our mediation services team can help you prepare your side for a process where the procedure is set by the panel.
Section 44(2): the task of the community mediators
Section 44(2) says "The community mediators shall endeavour to resolve disputes through community mediation and provide assistance to parties for resolving disputes amicably." The words are "endeavour" and "assistance": the community mediators help, they do not decide. This matches the idea in section 3(h) that a mediator has no authority to impose a settlement, though section 3(h) speaks of a "mediator" and section 3(b) separately defines "community mediator". The text of section 44 does not repeat the duties of independence, disclosure and confidentiality from sections 10, 15, 22 and 23, and the text consulted does not say whether those sections apply to community mediation. Parties should ask the panel at the outset how it will treat confidentiality.
Section 44(3): settlement and non-settlement
Section 44(3) provides two outcomes.
| Outcome | What the sub-section says |
|---|---|
| Settlement agreement arrived at | It "may be reduced into writing with the signature of the parties and authenticated by the community mediators, a copy of which be provided to the parties" |
| No settlement agreement | A non-settlement report "may be submitted by the community mediators to the Authority or the District Magistrate or the Sub-Divisional Magistrate, as the case may be, and to the parties" |
Note the word "may" in both limbs, where section 19(2) says an ordinary settlement "shall be reduced in to writing and signed by the parties" and section 21 says the mediator "shall" give a non-settlement report. The wording is softer in community mediation. In practice, parties who reach an understanding should insist on a written, signed and authenticated record, since without it there is little to register or rely on. Compare the ordinary route in our article on section 19 and our article on sections 21, 24 and 29.
The non-settlement report goes to two recipients: the Authority or the Magistrate who received the application, and the parties. The text does not say what the Authority or Magistrate does with it.
Section 44(4): purpose, and no decree
Section 44(4) says "Any settlement agreement arrived at under this Chapter shall be for the purpose of maintaining the peace, harmony and tranquillity amongst the residents or families of any area or locality but shall not be enforceable as a judgment or decree of a civil court."
Two consequences follow:
- The purpose. A community settlement is for maintaining peace, harmony and tranquillity. It is a community tool, not a commercial one.
- No decree route. The deeming in section 27(2), under which an ordinary mediated settlement agreement is enforced under the Code of Civil Procedure, 1908 as if it were a judgment or decree, does not carry over. A community settlement "shall not be enforceable as a judgment or decree of a civil court". See our article on section 27.
The text does not say whether a community settlement can be enforced in any other way, for example as a contract in an ordinary suit. It is silent, and this article does not infer an answer. A party who needs an enforceable result for a monetary or property claim should consider whether community mediation is the right route.
Section 44(5): registration under section 20
Section 44(5) says "The provisions of section 20 shall, mutatis mutandis apply, in relation to the registration of mediated settlement agreement under this section." "Mutatis mutandis" means with the necessary changes. Section 20 allows optional registration "for the purposes of record", with an Authority under the Legal Services Authorities Act, 1987 or another notified body, which issues a unique registration number, within one hundred and eighty days of receipt of the authenticated copy, with later registration on a fee as may be specified; see our article on section 20. Which changes are needed for a community settlement is not set out in the text consulted. Section 20(2) counts its one hundred and eighty days from receipt of an "authenticated copy"; the copy given to the parties under section 44(3) looks like the natural counterpart, but the Act does not say so in terms, and the manner of registration is to be specified.
Putting it together
| Stage | Provision | Key point |
|---|---|---|
| Consent and application | 43(1), (2) | Prior mutual consent; application to Authority or Magistrate |
| Panel | 43(3), (4) | Three from a notified permanent panel |
| Procedure | 44(1) | Panel devises it |
| Outcome | 44(3) | Written, signed, authenticated settlement, or a non-settlement report |
| Effect | 44(4) | For peace, harmony and tranquillity; no decree enforcement |
| Record | 44(5) | Section 20 registration, with changes |
An example
Two neighbouring families in a colony dispute the use of a shared lane, and the dispute is upsetting the whole locality. Both consent in advance, and one applies to the District Magistrate because no Authority has been constituted in that area. The Magistrate constitutes a panel of three from the permanent panel, including a representative of the resident welfare association. The panel devises a procedure and the families reach an agreement, which is written, signed and authenticated, with copies to both. They may register it under section 20 as modified. It cannot be enforced as a decree. The facts are invented for illustration.
Need help preparing for community mediation?
Because the panel sets its own procedure and the settlement is not enforceable as a decree, preparation and clear written terms matter. We can help you plan your approach through our mediation services.
Key takeaways
- The panel of three devises a suitable procedure (section 44(1)).
- Community mediators endeavour to resolve disputes and assist the parties (section 44(2)).
- A settlement may be written, signed by the parties and authenticated by the community mediators; otherwise a non-settlement report may be submitted (section 44(3)).
- A community settlement is not enforceable as a judgment or decree of a civil court (section 44(4)).
- Section 20 on registration applies with necessary changes (section 44(5)).
Read next
- Section 43 of the Mediation Act, 2023: community mediation
- Section 20 of the Mediation Act, 2023: registration of mediated settlement agreement
- Section 27 of the Mediation Act, 2023: enforcement of 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.