Online mediation has emerged as a fast, cost-effective, and flexible alternative to traditional court litigation in India. By combining the legal framework for mediation with modern technology, parties can resolve disputes without the need to meet physically, saving both time and resources. While the process is conducted virtually, it is governed by the same principles as in-person mediation—voluntariness, confidentiality, impartiality, and neutrality. Below is a step-by-step guide to understanding how online mediation works in India, from the initial agreement to the final enforceable settlement.
Step 1: Agreement to Mediate
The first step is for the parties to agree—either through a contractual clause or a separate written
agreement—that their dispute will be resolved through mediation. This agreement should clearly state the
scope of the dispute, the platform or medium to be used (such as Zoom, Google Meet, or a specialised
mediation platform), the mediator’s appointment process, and the applicable rules or guidelines. Many
contracts now include an “online dispute resolution” clause to ensure that mediation can take place
remotely, removing the need for physical presence.
Step 2: Selecting the Mediator Once the parties have agreed to mediate, they must appoint a neutral mediator. The mediator can be chosen by mutual consent, from an institutional panel, or through an online mediation service provider. The mediator should have both subject-matter knowledge and familiarity with online mediation tools. In India, mediators may be accredited by court-annexed mediation centres, the Indian Institute of Arbitration and Mediation (IIAM), or other recognised bodies. Parties should also ensure that the mediator confirms availability and discloses any conflict of interest before the process begins.
Step 3: Pre-Mediation Preparations Before the first session, the mediator typically conducts a preliminary call with each party (or their counsel) to understand the dispute, clarify expectations, and explain the process. The mediator will also confirm the technical requirements—ensuring that both parties have stable internet, appropriate devices, and access to the chosen video conferencing platform. At this stage, parties exchange preliminary documents, statements, or evidence, and sign a mediation agreement that includes confidentiality provisions, the role of the mediator, and the procedure to be followed.
Step 4: Opening Session The mediation begins with a joint online session where the mediator introduces themselves, outlines the rules, and reaffirms the principles of confidentiality and neutrality. Each party is given the opportunity to make an opening statement, presenting their perspective on the dispute without interruptions. The mediator listens actively, identifies key issues, and sets the tone for a constructive dialogue. The opening session is critical in establishing trust and cooperation between the parties, especially in a virtual environment where body language cues are limited.
Step 5: Private Caucuses (if needed) After the joint session, the mediator may hold private meetings—called caucuses—with each party in separate virtual breakout rooms. These sessions allow parties to speak candidly about their concerns, settlement preferences, and underlying interests. The mediator uses shuttle communication between the breakout rooms to explore potential solutions. The caucus process remains confidential; information shared in private is not disclosed to the other side without express consent.
Step 6: Negotiation and Settlement Building Using facilitative techniques, the mediator guides the parties towards mutually acceptable solutions. This may involve reality testing, reframing positions into interests, and brainstorming creative settlement options. In the online environment, the mediator may use digital whiteboards, shared documents, or screen-sharing to structure settlement terms and keep discussions focused. If parties reach a preliminary understanding, the mediator ensures that all essential terms are addressed to avoid future disputes.
Step 7: Drafting the Settlement Agreement Once the terms are finalised, the mediator (or the parties’ lawyers) prepares a written settlement agreement. This document should be comprehensive, covering the obligations of each party, timelines, payment terms, and dispute resolution mechanisms in case of non-compliance. In India, such a mediated settlement agreement—when conducted under the court-annexed mediation process or statutory framework—can be recorded and enforced as a court decree. Even in private mediations, the settlement can be made enforceable under the Indian Contract Act, 1872, and, in commercial disputes, under Section 30 of the Arbitration and Conciliation Act, 1996.
Step 8: Execution and Authentication For online mediation, the settlement agreement is typically signed electronically using Aadhaar eSign, digital signatures, or other legally recognised electronic authentication methods. This ensures the agreement meets the requirements of the Information Technology Act, 2000, and is admissible in Indian courts. If stamp duty is applicable based on the nature of the agreement, the document can be executed on e-stamp paper to ensure compliance with state-specific stamp laws.
Step 9: Post-Mediation Follow-Up A good mediation process doesn’t end with signing the agreement. The mediator or the platform may schedule follow-up communications to ensure compliance, address any implementation issues, and maintain goodwill between the parties. In some cases, parties choose to keep the mediator available for future disputes, creating a long-term conflict resolution channel.
Legal Validity and Enforceability in India Under Indian law, a mediated settlement agreement reached through a court-annexed process is binding as a court decree. For private mediations, the agreement has the same legal force as a binding contract under the Indian Contract Act, provided it meets the essentials of a valid contract. In commercial disputes under the Arbitration and Conciliation Act, 1996, the settlement agreement can be recorded as an arbitral award on agreed terms, making it directly enforceable as a decree under Section 36 of the Act.
Conclusion
Online mediation in India offers an efficient, flexible, and confidential way to resolve disputes
without the delays and costs associated with traditional litigation. By following a structured
process—starting with a clear agreement to mediate, selecting a qualified mediator, preparing
thoroughly, and ensuring that the settlement is drafted and executed properly—businesses and individuals
can achieve legally enforceable resolutions from the comfort of their own offices or homes. As
technology adoption grows and legal recognition of online dispute resolution strengthens, online
mediation is set to become a mainstream dispute resolution mechanism in India.
Author: Advocate Dimple Rajpurohit (Bombay High Court)
Contact (Admin): info@nolegalpaisa.com
Last updated: 25-09-2025
