Sections 55-57 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 55 gives the Act overriding effect for the conduct of mediation or conciliation, subject to the nine enactments in the Second Schedule. Section 56 says the Act does not apply to mediation or conciliation commenced before it comes into force, and section 57 keeps the existing court-annexed mediation rules running until regulations are made.
Subject to the enactments in the Second Schedule, the Act has overriding effect for the conduct of mediation or conciliation over anything inconsistent in any other law or any instrument having force of law. The Central Government may amend the Second Schedule by notification. The Act does not apply to mediation or conciliation commenced before it comes into force (section 56). Rules governing court-annexed mediation continue until regulations are made under section 15(1), and apply to pending court-annexed mediation on the date the regulations come into force (section 57). The Act comes into force by notification, and the date is not in the text consulted.
Section 55(1): overriding effect
Section 55(1) reads "Subject to the enactments mentioned in the Second Schedule, the provisions of this Act shall have overriding effect for conduct of mediation or conciliation notwithstanding anything inconsistent therewith contained in any other law for the time being in force, and any instrument having force of law."
Key words:
- "For conduct of mediation or conciliation". The override is about how mediation or conciliation is conducted, not about every dispute.
- "Notwithstanding anything inconsistent therewith". It prevails over inconsistent provisions of other laws and over any instrument having force of law.
- "Subject to the enactments mentioned in the Second Schedule". Those nine enactments are outside the override.
If your organisation has a dispute clause or a statutory process that mentions conciliation, the question whether the Act overrides it depends on whether the process is under one of the nine enactments. Our conciliation services team can look at your clause or statute with you.
Section 55(2): amending the Second Schedule
Section 55(2) says "If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Second Schedule and thereupon it shall be deemed to have been amended accordingly." Section 53 requires such a notification to be laid before Parliament for thirty days; see our article on sections 51 to 54. No amending notification is in the text consulted.
The Second Schedule: nine enactments
The Second Schedule is headed "(See section 55)". It lists:
| Item | Enactment as printed |
|---|---|
| 1 | The Industrial Disputes Act, 1947 (14 of 1947) |
| 2 | The Brahmaputra Board Act, 1980 (46 of 1980) |
| 3 | The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981) |
| 4 | The Family Courts Act, 1984 (66 of 1984) |
| 5 | The Legal Services Authorities Act, 1987 (39 of 1987) |
| 6 | The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (56 of 2007) |
| 7 | The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) |
| 8 | The Finance Act, 20l6 (28 of 2016) |
| 9 | The Industrial Relations Code, 2020 (35 of 2020) |
Printing slip. Item 8 is printed "The Finance Act, 20l6", with the letter "l" for the figure 1. The reference "(28 of 2016)" shows the year meant. It is quoted as printed.
What the Schedule does is leave these nine enactments untouched by the override. The Act does not say that mediation is barred under them; it says the Mediation Act's provisions do not override them for the conduct of mediation or conciliation. For example, the Legal Services Authorities Act, 1987 is item 5, and section 26 separately says the Mediation Act does not apply to Lok Adalat and Permanent Lok Adalat proceedings; see our article on sections 25 and 26. Labour-law enactments (items 1 and 9) appear in the list, and this article does not describe their contents. The Family Courts Act and the Senior Citizens Act are also listed, with no description of their provisions here.
Section 56: pending proceedings
Section 56 reads "This Act shall not apply to, or in relation to, any mediation or conciliation commenced before the coming into force of this Act." The Act applies to mediation or conciliation commenced after it comes into force. Three points:
- What counts as commenced. For mediation under the Act, section 14 says when proceedings are deemed to commence (receipt of notice, mediator's consent or mediator's appointment); see our article on sections 13 and 14. Section 56 itself does not define "commenced".
- Different dates. Section 1(3) lets different provisions come into force on different dates, and a reference to commencement of the Act in a provision means the coming into force of that provision; see our article on sections 1 and 2. The notification dates are not in the text consulted.
- Conciliation under the Arbitration Act. The Sixth Schedule's new section 62 of the Arbitration and Conciliation Act, 1996 saves conciliation proceedings initiated under the old sections 61 to 81 before commencement of the Mediation Act; see our article on sections 58 to 61.
A business already in a conciliation or mediation should record when it commenced, because section 56 turns on that date.
Section 57: transitional rule for court-annexed mediation
Section 57 says "The rules in force governing the conduct of court-annexed mediation shall continue to apply until regulations are made under sub-section (1) of section 15". The proviso says "the rules shall continue to apply in all court-annexed mediation pending as on the date of coming into force of the regulations."
| Rule | Effect |
|---|---|
| Main provision | Existing court-annexed mediation rules continue until regulations are made under section 15(1) |
| Proviso | Those rules continue to apply to court-annexed mediation pending on the date the regulations come into force |
"Court-annexed mediation" is defined in section 3(e) as mediation, including pre-litigation mediation, conducted at mediation centres established by any court or tribunal. The rules themselves are not in the text consulted, and no regulations under section 15(1) are in it either. See our article on section 7 and our article on sections 15 to 17.
How the three sections interact
| Question | Section | Answer |
|---|---|---|
| Does the Act override inconsistent laws on conducting mediation? | 55(1) | Yes, subject to the nine enactments |
| Can the list of nine change? | 55(2) | Yes, by notification of the Central Government |
| Does the Act apply to mediation begun before it comes into force? | 56 | No |
| What governs court-annexed mediation until regulations exist? | 57 | The rules in force |
| What if court-annexed mediation is pending when regulations start? | 57 proviso | The old rules continue for those cases |
An example
Naidu Foods is in a conciliation under a statute that is not listed in the Second Schedule. After the Mediation Act's relevant provisions come into force, a new mediation commenced by Naidu Foods with a supplier proceeds under the Act, which overrides inconsistent provisions on how mediation is conducted. The earlier conciliation, commenced before, is outside the Act under section 56. A third matter before a court-annexed mediation centre, pending when regulations come into force, continues under the old rules. The names and facts are invented for illustration.
Need help working out which law governs your mediation or conciliation?
Overriding effect, exceptions and start dates all decide which rules apply to your process. We can review the position through our conciliation services.
Key takeaways
- The Act has overriding effect for the conduct of mediation or conciliation, subject to the nine enactments in the Second Schedule (section 55(1)).
- The Central Government may amend the Second Schedule by notification (section 55(2)).
- The Act does not apply to mediation or conciliation commenced before it comes into force (section 56).
- Court-annexed mediation rules in force continue until regulations are made under section 15(1), and for pending cases (section 57).
- The Act comes into force by notification; the dates are not in the text consulted.
Read next
- Sections 58-61 of the Mediation Act, 2023: amendments to the Contract Act, CPC, Legal Services and Arbitration Acts
- Sections 51-54: rules, regulations, laying and removal of difficulties
- Section 7 of the Mediation Act, 2023: power of court or tribunal to refer parties
- 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.