Mediation: How It Works and When to Use It
Mediation is a voluntary, confidential process where a neutral third party helps disputing parties reach their own settlement. Learn how it works, when it applies, and what makes it binding.
Mediated Settlement Agreement
A mediated settlement agreement records the terms agreed by parties at the conclusion of a successful mediation.
Written by Mediate Editorial TeamLast reviewed
Legal status in India
What an MSA must contain
No mandatory form is prescribed by the Act, but a properly drafted MSA should include:
- The names and descriptions of all parties
- A recital of the dispute that was mediated
- The precise terms of settlement (payment amounts, deadlines, deliverables, or behavioural obligations)
- Any conditions precedent to the agreement taking effect
- The signature of all parties (or their authorised representatives) and the mediator
- The date of signing
Vague or aspirational language — "the parties will cooperate in good faith" without specifying what that requires — creates the same enforcement problems in an MSA as in any other contract.
Also known as: MSA, settlement agreement
See also
General information only — not legal advice and not a solicitation.
Related ADR Processes
Related Topics
Is a Settlement Binding & Enforceable?
Whether a mediated settlement, conciliation agreement, or arbitral award is legally binding depends on which process produced it. Here's how enforceability actually works in India.