Section 6 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 6 says that a mediation under the Act shall not be conducted for any dispute or matter contained in the indicative list in the First Schedule. The Schedule lists 13 items, from disputes that another law bars from mediation to criminal prosecutions, tax disputes, land acquisition and regulator proceedings. The Central Government can amend the list by notification.
Under section 6(1), no mediation under this Act may be conducted on a dispute or matter in the First Schedule's indicative list. A proviso lets a court refer compoundable offences, including compoundable matrimonial offences, to mediation, but the outcome is not a judgment or decree under section 27(2). Under section 6(2), the Central Government can amend the Schedule by notification. The Act comes into force by notification, and the date is not in the text consulted.
Section 6(1): the bar
Section 6(1) says: "A mediation under this Act shall not be conducted for resolution of any dispute or matter contained in the indicative list under the First Schedule." The word "indicative" signals that the list shows kinds of matters and is not a closed catalogue, and item 13 and sub-section (2) allow additions. Section 28(2)(iv) also makes it a ground to challenge a mediated settlement agreement that the mediation was conducted in disputes or matters not fit for mediation under section 6, so a mistake here can undo a settlement.
If you are unsure whether your dispute is one of the excluded kinds, get it checked before you start; our legal consultation service can review the facts and the pleadings first.
The two provisos
First proviso. "Nothing contained herein shall prevent any court, if deemed appropriate, from referring any dispute relating to compoundable offences including the matrimonial offences which are compoundable and pending between the parties, to mediation." Item 3 of the First Schedule excludes disputes involving prosecution for criminal offences, and this proviso carves out a court-led reference for compoundable offences. The proviso is limited to references by a court, and it covers offences that are compoundable and pending between the parties.
Second proviso. The outcome of such mediation "shall not be deemed to be a judgment or decree of court referred to in sub-section (2) of section 27, and shall be further considered by the court in accordance with the law for the time being in force". So the settlement does not get the enforcement route of section 27(2); the court considers it under the law in force. See our article on enforcement.
Section 6(2): amending the First Schedule
Section 6(2) says that if the Central Government is satisfied that it is necessary or expedient, it may, by notification, amend the First Schedule. Item 13 of the Schedule similarly covers "any other subject matter of dispute which may be notified by the Central Government". No amending notification is in the text consulted.
The First Schedule, item by item
The table summarises each item in the Schedule's own terms.
| Item | Disputes or matters not fit for mediation |
|---|---|
| 1 | Disputes which by virtue of any law for the time being in force may not be submitted for mediation |
| 2 | Claims against minors and deities; persons with intellectual disabilities; persons with disability having high support needs; persons with mental illness; persons of unsound mind in relation to whom proceedings are conducted under Order XXXII of the Code of Civil Procedure, 1908; suits for declaration of title against Government; declaration having the effect of a right in rem |
| 3 | Disputes involving prosecution for criminal offences |
| 4 | Complaints or proceedings before a statutory authority or body on registration, discipline or misconduct of a practitioner or registered professional (legal, medical, dentist, architect, chartered accountant or any regulated profession) |
| 5 | Disputes affecting the rights of a third party who is not a party to the mediation, except matrimonial disputes where a child's interest is involved |
| 6 | Proceedings on any subject matter over which the Tribunal under the National Green Tribunal Act, 2010 has jurisdiction |
| 7 | Any dispute on levy, collection, penalties or offences relating to any direct or indirect tax or refunds, enacted by a State legislature or Parliament |
| 8 | Investigations, inquiries and proceedings under the Competition Act, 2002, including before the Director General; proceedings before the Telecom Regulatory Authority of India or the Telecom Disputes Settlement and Appellate Tribunal |
| 9 | Proceedings before the appropriate Commissions and the Appellate Tribunal for Electricity under the Electricity Act, 2003 |
| 10 | Proceedings before the Petroleum and Natural Gas Regulatory Board and appeals before the Appellate Tribunal |
| 11 | Proceedings before the Securities and Exchange Board of India and the Securities Appellate Tribunal |
| 12 | Land acquisition and determination of compensation under land acquisition laws |
| 13 | Any other subject matter of dispute notified by the Central Government |
Item 2 as printed reads "persons with intellectual disabilities under paragraph 2 of the Schedule and person with disability having high support needs as defined in clause (t) of section 2 of the Rights of Persons with Disabilities Act, 2016"; the wording is as enacted and the reference to "paragraph 2 of the Schedule" is unclear in the text, so check the official text.
What this means for businesses
Several items touch ordinary business matters. Item 7 keeps disputes about levy, collection, penalties or offences relating to direct or indirect tax or refunds outside this Act's mediation; for tax disputes, see our income-tax guides. Item 4 means a complaint before a professional regulator about a chartered accountant's or lawyer's registration, discipline or misconduct cannot be mediated under the Act. Item 8, item 9, item 10 and item 11 keep proceedings before the named regulators and tribunals out. A pricing dispute between two traders, a delayed payment or a breach of a supply contract is not on the list, subject to item 1 where another law bars submission to mediation.
Item 5 is a practical filter. If a settlement would affect the rights of someone who is not at the table, for example a co-owner or a lender, the dispute is on the list unless it is a matrimonial dispute in which a child's interest is involved.
How section 6 connects with the rest of the Act
Section 7 lets a court or tribunal refer parties to mediation at any stage; section 6(1) is the bar on mediating the listed matters, and its first proviso is the stated exception for compoundable offences. Section 28(2)(iv) is the consequence: a settlement reached in a dispute not fit for mediation can be challenged. See our article on challenging a mediated settlement agreement and our article on section 7.
Need help with whether your dispute can be mediated?
The list is indicative and the Government can add to it, so the question is worth asking early. Our legal consultation team can look at your facts and tell you whether a mediation under the Act is open, or whether another forum is needed.
Key takeaways
- Section 6(1) bars mediation under the Act for matters in the First Schedule's indicative list of 13 items.
- Courts may still refer compoundable offences, including compoundable matrimonial offences, to mediation, but the outcome is not a judgment or decree under section 27(2).
- The Central Government may amend the Schedule by notification (section 6(2)).
- Tax, regulator, land acquisition and third-party-rights matters are on the list.
- Mediating an excluded matter exposes the settlement to challenge under section 28(2)(iv).
Read next
- Section 7 of the Mediation Act, 2023: power of court or tribunal to refer parties
- Section 28 of the Mediation Act, 2023: challenge to a mediated settlement agreement
- 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.