Justice Sonia Gokani Outlines Road from Mediation Act 2023 to Institutional Practice

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. She emphasised neutrality, rapport, and reframing parties’ demands as important aspects of mediation, and referred to the growing use of specialised and hybrid models, including mediation-arbitration, arbitration-mediation, deal mediation, and project-based mediation.

Justice Gokani described the Mediation Act, 2023 as establishing a standalone statutory framework for domestic and international commercial mediation. She referred to provisions concerning the statutory mediation timeline, confidentiality, enforceability of mediated settlement agreements and community mediation. She also referred to the Central Government’s 27 August 2026 notification establishing the Mediation Council of India under Section 31(1) of the Act, with its head office in Delhi. The notification formally establishes the Council for the purposes of the Act, while Justice Gokani said it would regulate mediation service providers, frame accreditation standards and oversee the national mediation ecosystem.

Looking ahead, Justice Gokani said legislation alone would not be sufficient and highlighted the need for institutional capacity, mediator training, accreditation, specialised panels and greater public awareness. She referred to specialised mediation panels for areas including intellectual property, life sciences, construction and information technology disputes, as well as stronger cooperation between ADR institutions and industry. She also called for integrating artificial intelligence with human governance and emphasised the importance of skills such as neutrality, perseverance, and communication in mediation. The address ultimately focused on the shift from the statutory framework created by the Mediation Act to the institutional capacity and professional standards needed to implement it.