Section 8 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 8 sets out how a mediator is appointed. The parties may agree on the name and the procedure; if they cannot, the party seeking mediation applies to a mediation service provider, which must appoint a mediator within seven days. A person of any nationality can be appointed unless the parties agree otherwise.
Under section 8, a person of any nationality may be a mediator unless the parties agree otherwise, but a foreign national must have the qualification, experience and accreditation as may be specified. The parties are at liberty to agree on the mediator's name and the appointment procedure. Failing agreement, the party seeking mediation applies to a mediation service provider, which must appoint within seven days, and the person appointed must reply on willingness within seven days. The Act comes into force by notification, and the date is not in the text consulted.
Section 8(1): who can be a mediator
Section 8(1) says "Unless otherwise agreed upon by the parties, a person of any nationality may be appointed as a mediator". The proviso adds that "mediator of any foreign nationality shall possess such qualification, experience and accreditation as may be specified". "Specified" means specified by regulations of the Mediation Council of India (section 3(y)). The Act gives no qualification, experience or accreditation standard, and no regulations are in the text consulted.
Section 3(i) defines a mediator as a person appointed by the parties or by a mediation service provider to undertake mediation, including a person registered with the Council. Registration with the Council is therefore one route to being a mediator, but the definition also covers a person simply appointed by the parties.
Section 8(2): the parties' choice
Section 8(2) says the parties are at liberty to agree on the name of the mediator and on the procedure for appointment. In plain words, if your contract names a mediator or an institution, or sets out how the mediator will be chosen, the Act respects that arrangement. A clause that says "a mediator agreed between the parties within ten days, failing which the provider appoints" is a procedure for appointment of the kind contemplated.
The agreement can be in the mediation clause itself (see our article on section 4) or reached when the dispute arises.
If your standard contract does not say who appoints the mediator, or names a body that no longer exists, our mediation services team can help you fix the clause and run the appointment.
Section 8(3): application to a mediation service provider
Section 8(3) says that if the parties "do not reach any agreement on a matter referred to in sub-section (2)", the party seeking initiation of mediation "shall make an application to a mediation service provider for the appointment of a mediator". The matters in sub-section (2) are the name of the mediator and the procedure for appointment. So if the parties disagree on either, the route is an application to a mediation service provider. The form of the application and any fee are not in the text consulted.
Section 8(4): the provider's duty and the seven days
Under section 8(4), on receiving the application "the mediation service provider shall, within a period of seven days, appoint":
- clause (i), the mediator as agreed by the parties; or
- clause (ii), where the parties are unable to agree on the appointment or the mediator agreed by them refuses to act, a mediator from the panel maintained by the provider, with his consent.
The seven days are printed as "a period of seven days" and the sub-section does not say from which date they are counted other than "upon receiving an application". The mediator drawn from the panel must consent. Section 9 adds that the provider, in picking from its panel, must consider the person's suitability and the parties' preference; see our article on sections 9 and 10.
Section 8(5): the mediator's reply
Section 8(5) says the person appointed under clause (i) of sub-section (4), that is, the mediator agreed by the parties, "shall communicate his willingness or otherwise within a period of seven days from the date of receipt of communication of such appointment". Here the seven days run from receipt of the communication of the appointment. If the agreed mediator declines, clause (ii) of sub-section (4) then applies, as it covers a mediator agreed by the parties who "refuses to act".
The steps at a glance
| Step | Provision | Who acts | Time stated |
|---|---|---|---|
| Parties agree on mediator and procedure | 8(2) | Parties | None stated |
| No agreement: application to a provider | 8(3) | Party seeking mediation | None stated |
| Provider appoints the agreed mediator, or one from its panel with consent | 8(4) | Mediation service provider | Seven days |
| Agreed mediator replies on willingness | 8(5) | The person appointed | Seven days from receipt of communication |
What happens after appointment
The date a mediator is appointed can also decide when mediation is deemed to commence. Under section 14(b), where the parties agreed on a mediator of their choice, mediation commences on the date the mediator consents to appointment; where one party applies to a provider, it commences on the date a mediator is appointed. This affects the time limit in section 18 and the limitation exclusion in section 29; see our article on sections 13 and 14. If the mandate ends later, sections 11 and 12 provide for replacement.
Under section 10, the person appointed must disclose conflicts in writing before the mediation starts. That is a duty on the mediator, not a step in the appointment sequence.
Practical points
Keep a written record of the application, the date of receipt by the provider and the date of the appointment communication, because the seven-day periods turn on those dates. Check any institutional rules your contract refers to. The Act leaves the conduct of mediation and the cost to regulations, and none are in the text consulted. Nothing in section 8 says the mediator must be a lawyer or have any particular profession.
Need help appointing or replacing a mediator?
A missed seven-day window or a badly drafted appointment clause can delay a mediation before it begins. We can help you prepare the application, pick a suitable provider and manage the timeline through our mediation services.
Key takeaways
- A person of any nationality may be a mediator unless the parties agree otherwise (section 8(1)).
- A foreign mediator must meet qualification, experience and accreditation as may be specified, and the detail is left to regulations.
- The parties may agree on the name and the appointment procedure (section 8(2)).
- Failing agreement, the party seeking mediation applies to a mediation service provider (section 8(3)).
- The provider appoints within seven days, and the agreed mediator replies within seven days (section 8(4) and (5)).
Read next
- Sections 9-10 of the Mediation Act, 2023: preference of parties, conflict of interest and disclosure
- Sections 11-12 of the Mediation Act, 2023: termination of mandate and replacement
- Section 4 of the Mediation Act, 2023: the mediation agreement
- Arbitration clause draft for commercial contracts
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.