Latest Developments

The Supreme Court of the Australian Capital Territory has emphasised the value of personal attendance at court-ordered mediation, holding that the inconvenience of interstate travel, work commitments, and ordinary caring responsibilities will not ordinarily justify participation by audiovisual link.

The Federal Circuit and Family Court of Australia has held that the existence of a pending voluntary mediation process was not sufficient to prevent a sequestration order in bankruptcy proceedings arising from a commercial lease dispute.

The Canadian federal government was preparing new labour legislation aimed at enabling earlier intervention in disputes involving federally regulated industries, with mediation emerging as a significant part of the proposed approach. CTV News reported on 18 September 2026 that the contemplated framework could require mediation before strike action, following a review of the Canada Labour Code that began earlier in the year.

Amar Sundram, General Counsel, Senior Vice President (Legal), and Chief Compliance Officer of NEC Corporation India, has called for a greater role for mediation in commercial dispute resolution, particularly to reduce the number of disputes that proceed to litigation or arbitration. Speaking to ETLegalWorld on the sidelines of the 5th edition of the ETLegalWorld Commercial Dispute Conclave 2026.

The New Delhi Bench of the National Company Law Tribunal (NCLT) has directed B9 Beverages Limited, its promoters, certain financial creditors and applicants in connected insolvency proceedings to participate in mediation in an effort to explore a possible settlement and revival of the company.

Justice Sonia Gokani, former Chief Justice of the Gujarat High Court, outlined the steps required to strengthen mediation in India following the enactment of the Mediation Act, 2023, while delivering the keynote address on “Mediation after the Mediation Act, 2023: From Statutory Framework to Institutional Practice” at the India Digital ADR Summit 2026 at the National Forensic Sciences University, Gandhinagar.

The Madras High Court has referred a criminal case to mediation while laying down a flexible procedure allowing physical, virtual and hybrid participation, including video-recorded consent where parties who reach a settlement cannot personally attend the mediation centre to sign it.

Experts at the India Digital ADR Summit 2026 examined how the Mediation Act, 2023 can move from statutory recognition to effective institutional practice, emphasising mediator training and accreditation, credible mediation institutions, quality standards and a corresponding change in the role of lawyers.

The Delhi High Court has asked the Reserve Bank of India (RBI) to facilitate mediation in a complex payment-system dispute involving PayU Payments Private Limited, banks and Visa, choosing a subject-matter expert from the sectoral regulator to help the parties find a solution while expressly preserving their legal and adjudicatory rights.

A recent article in the American Arbitration Association’s Mediation Magazine examines the mediator’s proposal as an end-stage settlement tool in complex litigation and considers how to use it without displacing the parties’ control over settlement decisions.

A recent article in the American Arbitration Association’s Mediation Magazine examines a less visible dimension of complex mediation: the internal decision-making that must occur within each side before a settlement becomes possible. Written by mediator and arbitrator David B. Coher, the article argues that understanding this “decision architecture” can be as important to mediation preparation as assessing liability, damages and litigation risk.

Ernakulam: The Mediation Society will hold the next edition of its Mediation Conversations series on Tuesday, 29 September 2026, at 7.30 PM, with a discussion titled “Sixteen Years of Afcons: Revisiting a Landmark in India’s Mediation Journey.” The programme will be held online via Zoom and streamed live on the Society’s YouTube page. The event is open to the public and requires no prior registration.

Ernakulam, 24 September 2026: The Mediation Society has announced the Mediation Scholars Programme 2026, a statewide initiative offering up to 120 full Mediation Training Scholarships to law students studying in Kerala. The initiative aims to identify promising law students with an interest and aptitude for mediation and provide them with structured mediation education and practical training early in their legal education.

The Amballoor initiative could well be the first of its kind in the country to anticipate the spirit of the Mediation Act and translate its call for a socio-cultural transformation in people’s attitudes into action at the grassroots, observed Justice Syam Kumar VM, Judge, High Court of Kerala, while launching the 180-day Pilot Programme of the Amballoor Mediation Centre at the Amballoor Panchayat Community Hall, Pallithazham, on Saturday, 19 September 2026.

Amballoor, Ernakulam, Kerala: The 180-day Pilot Programme of the Amballoor Mediation Centre, an initiative to make professional mediation accessible at the neighbourhood level, will be formally launched on Saturday, 19 September 2026, at 10.30 a.m. at the Panchayat Community Hall, Amballoor Pallithazham.

Uzbekistan has acceded to the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation. According to the United Nations Information Service in Vienna, Uzbekistan acceded on 28 August 2026, making it the 24th State party to the Convention.

Libya’s Government of National Unity signed the Convention establishing the International Organization for Mediation, known as the “Hong Kong Convention,” at the Chinese Ministry of Foreign Affairs in Beijing on 10 September 2026.

ABA Formal Opinion 518 has sparked continuing debate within the alternative dispute resolution community over the ethical responsibilities of lawyer-mediators and the limits of mediator intervention.

Nepal’s Minister for Law, Justice and Parliamentary Affairs, Sobita Gautam, said the Mediation (Second Amendment) Bill, 2083 seeks to strengthen mediation and reduce the number of cases that reach or remain before the courts.

The Delhi High Court Bar Association Library has launched a dedicated “Mediation Readings Corner”, a specialised space for books, journals, e-magazines and other scholarly material on mediation.

An article in the American Arbitration Association’s Mediation Magazine has called for greater recognition of non-attorney professionals as mediators in commercial disputes. In No Bar to Entry: The Case for the Non-Attorney Mediator, published on 3 September 2026, mediator and business owner Luke Taylor argues that commercial mediation can benefit from practitioners whose professional experience lies in business and other relevant industries, rather than relying predominantly on legal qualifications.

The Federal Court of Australia has directed parties in R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (in liq) (Security for Costs and AI) [2026] FCA 1265 to examine whether artificial intelligence can assist in preparing a complex proceeding for mediation and trial.

The Australian Bureau of Statistics (ABS) has proposed introducing Mediator (281241) as a distinct six-digit occupation in the consultation draft of the Occupation Standard Classification for Australia (OSCA) 2027.

Singapore has amended the regulations governing the limitation of powers and duties under the Community Disputes Resolution Act 2015, with the Community Disputes Resolution (Limitation of Powers and Duties) (Amendment) Regulations 2026 published on 31 August 2026 and taking effect on 1 September 2026.

The United Arab Emirates (UAE) has approved its accession to the United Nations Convention on International Settlement Agreements Resulting from Mediation, commonly known as the Singapore Convention on Mediation, under Federal Decree No. 85 of 2026, issued on 8 June 2026.

Administrative officials in Uttar Pradesh’s Devipatan division are resolving rural disputes through dialogue, community mediation and mutual consent under the ‘Litigation-Free Devipatan: Dialogue for Resolution’ campaign. Of the 500 villages selected across the division, 330 have so far been declared litigation-free, with 769 disputes resolved through dialogue and mutual agreement.

New Delhi, 27 August 2026: In a significant step towards the implementation of India’s mediation framework, the Central Government has formally established the Mediation Council of India (MCI) under the Mediation Act, 2023.

The Kerala High Court has recorded the State Government’s proposal to initiate mediation at the highest level between the Orthodox and Jacobite factions of the Malankara Church to resolve their long-standing disputes.

Kazakhstan has become the latest country to join the International Organisation for Mediation (IOMed), with Foreign Minister Yermek Kosherbayev signing the Convention on the Establishment of the International Organisation for Mediation on behalf of the Government of Kazakhstan in Beijing on 13 July 2026.

The Mediation Society will host the concluding conversation, "Mediation Advocacy: Rethinking the Lawyer's Role in Mediation," on Tuesday, 21 July 2026, at 7 pm on Zoom.

The Nurses' Bargaining Association (NBA) and the Health Employers Association of British Columbia (HEABC) have formally entered mediation in an effort to resolve an ongoing labour dispute involving approximately 60,000 nurses across the province.

Spain's recent justice reforms appear to be yielding significant results, with pre-trial mediation recording a substantial increase in settlement rates after the introduction of mandatory pre-litigation dispute resolution in certain civil and commercial matters.

Jamaica's Minister of Justice and Constitutional Affairs, Hon. Delroy Chuck, has described the proposed National Mediation Act as "a strategic investment in Jamaica's future", saying it will strengthen access to justice, enhance investor confidence, and help position the country as a modern hub for efficient dispute resolution.

The Professional Development Division of The Mediation Society has announced the next round of assessments for participants who have successfully completed its Mediation Masterclass programme and hold a Certificate of Participation.

The Mediation Society has announced a two-part online professional conversation on the lawyer’s place and potential in mediation, with sessions scheduled for June 30 and July 21, 2026. The programme is open to all and participation is free. Further details may be obtained from Adv Mehula Liza Pallathu at 81388 67999 or 89219 22121.

A slightly revised version of this article was published in the Kerala Law Times and may be cited as 2026 (3) KLT 33. To read that version of the article, go to: https://kltonline.net/judgmentsearch/articleview?id=0AO0&Type=article.

Lawyers must be duly respected and rewarded as mediation increasingly becomes a preferred dispute-resolution process, said Senior Advocate P. Sreekumar, Additional Solicitor General for India at the High Court of Kerala. He was delivering the closing address at the sixth edition of the Mediation Masterclass, a special Faculty Development Programme edition, at Sree Narayana Law College, Poothotta.

The sixth edition of the Mediation Masterclass, a flagship training programme of The Mediation Society, will commence on 15 May 2026 at Sree Narayana Law College, Poothotta. The programme is being jointly organised by The Mediation Society and Sree Narayana Law College, Poothotta.