Sections 9-10 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 9 tells a mediation service provider to weigh suitability and the parties' preference when it picks a mediator from its panel. Section 10 requires every appointed mediator to disclose conflicts of interest in writing, before and during the mediation, and gives the parties the choice to waive an objection or replace the mediator.
The provider must consider suitability and the preference of the parties when appointing from its panel (section 9). The mediator must disclose in writing, before the mediation, any circumstance that may be a conflict of interest or that gives rise to justifiable doubts about independence or impartiality, and must disclose newly arising conflicts without delay (section 10(1), (2)). All parties can waive an objection in writing; otherwise a party who wants a replacement follows the route in section 10(4). The Act comes into force by notification, and the date is not in the text consulted.
Section 9: suitability and the parties' preference
Section 9 says that the mediation service provider "shall, while appointing any person from the panel of mediators maintained by it, consider his suitability and the preference of the parties for resolving the dispute". The section applies where the provider appoints from its panel, which is the case under section 8(4)(ii) when the parties cannot agree on a mediator or the agreed mediator refuses to act (see our article on section 8).
Two things are named: the suitability of the person, and the parties' preference. The Act does not say what "suitability" means, nor does it give the provider a checklist. Whether, for example, subject-matter knowledge, language or sector experience count is left to the provider and to regulations, none of which are in the text consulted. If your dispute turns on industry practice, say so in the application, because the provider is directed to consider your preference.
Section 10(1): disclosure before the mediation
Section 10(1) says the person appointed as a mediator "shall, prior to the conduct of mediation, disclose in writing to the parties regarding any circumstance or potential circumstance, personal, professional, financial, or otherwise, that may constitute any conflict of interest or that is likely to give rise to justifiable doubts as to his independence or impartiality as a mediator".
Points to note:
- the disclosure is in writing and goes to the parties;
- it covers a circumstance and also a potential circumstance;
- the categories are personal, professional, financial "or otherwise", so the list is open; and
- the test has two limbs: a conflict of interest, or a likelihood of justifiable doubts about independence or impartiality.
Section 10(2): new conflicts during the mediation
Under section 10(2), during the mediation the mediator "shall, without delay, disclose to the parties in writing any conflict of interest, referred to in sub-section (1), that has newly arisen or has come to his knowledge". The duty continues throughout. A conflict can be one that arises after the start, or one that existed but only comes to the mediator's knowledge later.
Where a mediator has an interest, say a prior advisory role for one side's group company, the safe course is to disclose even if the link looks remote, since the duty extends to "potential" circumstances.
If you need a clean disclosure process built into your mediation clause or want a second pair of eyes on a disclosure you have received, our mediation services team can help.
Section 10(3): waiver by the parties
Section 10(3) says that upon disclosure under sub-section (1) or (2), "the parties shall have the option to waive any objection if all of them express in writing, which shall be construed as the consent of parties". Two conditions follow. All the parties must agree, and the waiver must be in writing. A waiver by one side only is not a waiver under this sub-section. A written waiver is construed as the consent of the parties.
Section 10(4): replacing the mediator
Under section 10(4), upon disclosure under sub-section (1) or (2), if either party wants to replace the mediator, the route depends on the type of mediation:
| Type | What the party does | Provision |
|---|---|---|
| Institutional mediation (under a mediation service provider) | Applies to the provider for termination of the mandate of the mediator | 10(4)(i) |
| Mediation other than institutional mediation | Terminates the mandate of the mediator | 10(4)(ii) |
In institutional mediation, section 11(i) lets the provider terminate the mandate on receiving such an application, and section 12(ii) requires the provider to appoint another mediator from its panel within seven days of termination. In mediation that is not institutional, the party terminates the mandate and section 12(i) lets the parties appoint another mediator within seven days of termination. These steps are described in our article on sections 11 and 12.
Section 10(4) says "if either party desires to replace the mediator". The sub-section does not require the party to prove the conflict. The right is triggered by the disclosure and the party's wish.
Link with the mediator's other duties
Disclosure is one of several duties that frame the mediator's role. Section 15(2) requires the mediator to assist the parties in an independent, neutral and impartial manner. Section 17 bars the mediator from acting as an arbitrator or as a representative or counsel of a party in an arbitral or judicial proceeding in respect of a dispute that is the subject matter of the mediation, and from being presented by the parties as a witness; see our article on sections 15 to 17. For comparison, disclosure by an arbitrator is the subject of a separate provision of the Arbitration and Conciliation Act, 1996, covered in our article on section 12 of that Act.
Practical steps for parties
- Ask for the written disclosure before the first session, and keep it.
- Read it for the three categories: personal, professional, financial.
- If you accept, make sure every party signs the waiver in writing.
- If you do not, decide whether to apply to the provider or, where there is no provider, terminate the mandate yourself.
- Note the seven-day replacement periods in section 12.
Need help with a mediator's disclosure or replacement?
If a mediator has disclosed a link to the other side, or you have found one that was not disclosed, the next steps are time sensitive. We can advise on waiver, replacement and the paperwork through our mediation services.
Key takeaways
- A provider must consider suitability and the parties' preference when appointing from its panel (section 9).
- The mediator must disclose conflicts in writing before the mediation and without delay when new ones arise (section 10(1), (2)).
- Only a written waiver by all the parties removes an objection (section 10(3)).
- In institutional mediation a party applies to the provider; otherwise the party terminates the mandate (section 10(4)).
- The Act comes into force by notification; the date is not in the text consulted.
Read next
- Sections 11-12 of the Mediation Act, 2023: termination of mandate and replacement of mediator
- Section 8 of the Mediation Act, 2023: appointment of mediators
- Sections 15-17: conduct of mediation and role of the mediator
- Alternate dispute resolution under the Mediation and Arbitration Acts
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.