What Is Samadhan, the Delhi High Court Mediation and Conciliation Centre?

Samadhan Delhi High Court mediation: what the centre is and how it began

Samadhan, formally the Delhi High Court Mediation and Conciliation Centre, began work in 2006. It sits within the High Court complex at Sher Shah Road and takes up cases referred to it by benches of the High Court, and also matters sent by the Supreme Court. It is run under the supervision of an overseeing committee of sitting judges of the High Court, with an organising secretary and staff handling day-to-day work. This site belongs to a private law firm; for Samadhan's official notices and contact details, use the Delhi High Court's own website.

The mediators are drawn from a panel of trained mediators, most of them practising advocates who have completed mediation training and attended sessions under supervision before taking cases on their own. The panel has run into a few hundred people over the years. Mediators are allotted to a matter by the centre, not chosen by either party, which helps keep the process neutral.

The legal basis is Section 89 of the Code of Civil Procedure 1908 (CPC), which allows a court to refer a dispute to mediation, conciliation, arbitration or Lok Adalat where it sees elements of a settlement. The High Court has framed its own rules for mediation and conciliation under that provision, and Samadhan works under those rules and the court's practice directions. Our page on the Delhi High Court explains where Samadhan fits among the court's other wings.

How court annexed mediation differs from a court hearing

In court, a judge hears both sides and decides. In court annexed mediation, nobody decides. The mediator helps the parties understand each other's position, explores options, and helps draft terms that both can live with. If either side says no, there is no settlement, and the case simply goes back to the court where it was.

Mediation is also different from a Lok Adalat. A Lok Adalat usually takes up many cases on a fixed day and tries to settle each in a single sitting, often on a broad compromise. Its award is final and cannot be appealed. Mediation at Samadhan runs over several sessions and spends more time on the underlying dispute. Our guide on Lok Adalats and whether your case can be settled there explains that route.

Arbitration is different again. An arbitrator decides the dispute and gives a binding award, much like a private judge. The Delhi International Arbitration Centre (DIAC) also works under the High Court, but it handles arbitration, not mediation. People sometimes confuse the two centres because both are attached to the same court. Conciliation, which Samadhan also offers, is close to mediation; the conciliator may play a slightly more active role in suggesting terms.

Samadhan mediation compared with other routes

Which cases the Delhi High Court sends to Samadhan

The Supreme Court in Afcons Infrastructure v. Cherian Varkey Construction (2010) listed the kinds of disputes that are usually suitable for mediation: commercial and trade disputes, matrimonial and family disputes, disputes between landlords and tenants, partnership and co-owner disputes, consumer and money claims, and disputes where the parties have an ongoing relationship. Delhi High Court benches follow that thinking.

In practice, the matters most often referred to Samadhan are appeals from family courts in divorce, custody and maintenance cases; property disputes between siblings and co-owners; commercial suits on the original side, including recovery and intellectual property cases; cheque bounce appeals and revisions; and rent disputes. Our guide on settling family disputes through Delhi High Court mediation covers the matrimonial side in more detail.

Criminal cases are referred too, but only where the dispute is essentially personal or about money: matrimonial FIRs under Section 85 of the Bharatiya Nyaya Sanhita (old Section 498A IPC), cheating and breach of trust cases between business partners, and cheque bounce cases. The High Court often refers these from a bail, anticipatory bail or quashing hearing. Our guide on how mediation works in criminal cases explains what a settlement can and cannot do in that setting.

Cases that are not usually sent to mediation

Some disputes are not suited to mediation at all. Afcons identified serious allegations of fraud, forgery and impersonation, election disputes, representative suits, cases involving minors or persons who need the court's protection, and prosecution for criminal offences as generally unsuitable. In criminal law, heinous offences such as rape, murder and offences against children are tried whatever the parties agree, and the Supreme Court in Parbatbhai Aahir v. State of Gujarat (2017) said serious offences against society are generally not quashed on settlement.

Writs against the government are rarely mediated, because a government department usually cannot negotiate away a statutory duty. Public interest cases are not mediated. A dispute where one side has all the power and the other has no real choice, such as a domestic violence case with ongoing abuse, needs careful handling; the court may still refer limited questions, like maintenance or contact with children, while the protective orders remain in place.

Mediation also fails when one side is using it to buy time. If the other party has missed every payment so far, or keeps changing its position, say so to your lawyer before the referral. The court can decline to refer, or fix a short timeline.

The law behind mediation at the Delhi High Court

Where the Mediation Act 2023 stands for Samadhan

The Mediation Act 2023 is India's first general law on mediation. When fully in force it will set rules for who can mediate, how long a mediation can take (120 days, extendable by up to 60 days), confidentiality, online and community mediation, and the enforcement of mediated settlement agreements as if they were court judgments. It also creates the Mediation Council of India to register mediators and mediation service providers.

Only part of the Act was brought into force, from 9 October 2023, mainly its definitions and the provisions setting up the Mediation Council and related machinery. Most of the procedural chapters, including those on time limits, confidentiality and the enforcement of settlement agreements, had not been notified when we last checked. Check the current position before relying on any particular section, because notifications can come at any time.

For a party referred to Samadhan, the practical position in October 2026 is that court annexed mediation continues under the Delhi High Court's own rules and practice. The settlement still goes back to the referring bench, which makes it binding. When Advocate B.K. Singh advises a client before a referral, he reads the referral order and the current rules together, because what binds the parties is the court's order recording the settlement, not a general statute that may not yet apply.

How a referral to Samadhan works, step by step

This is the usual sequence when a Delhi High Court bench refers a pending case to Samadhan.

1. The court asks if you are willing

   On a date, often the first, the judge asks both sides whether they will try mediation. Your lawyer should have discussed this with you in advance. Saying yes does not mean you accept any particular term.

2. Referral order

   The court records consent and refers the matter to Samadhan, fixing a date for the parties to appear there and a later date for the case before the bench. Any interim order usually continues meanwhile.

3. First appearance at Samadhan

   The parties and their lawyers appear at the centre on the given date. A mediator is allotted, the process is explained, and the parties sign an agreement to keep the process confidential.

4. Joint and private sessions

   The mediator holds joint sessions with both sides and private sessions with each side separately. What you say in a private session is not passed on unless you allow it.

5. Drafting the terms

   If agreement is reached, the terms are put in writing at Samadhan and signed by the parties, their lawyers and the mediator. Payment schedules, timelines and the withdrawal of connected cases are all written in.

6. Report back to the court

   Samadhan sends the settlement, or a report that mediation did not succeed, to the referring bench. The report does not say who was at fault.

7. Court records the settlement

   On the next date, the bench examines the settlement, may question the parties to confirm consent, and passes a decree or order in its terms, or takes the next legal step such as quashing an FIR.

If mediation fails, the case returns to the court's regular list exactly where it was. Nothing said in mediation can be used against either side.

What actually happens inside a Samadhan session

Sessions are held in small rooms at the centre, around a table, not in a courtroom. There is no judge, no witness box and no recording of evidence. The mediator usually starts with a short explanation of the rules and then asks each side to describe the dispute in its own words. Hindi and English are both used, and parties are encouraged to speak for themselves rather than only through lawyers.

After the opening joint session, the mediator often meets each side separately. This is where most real movement happens. In a private session you can tell the mediator what you truly need, what you might accept, and what worries you about the other side's proposal. The mediator uses that to test options with the other side, without revealing your limits unless you agree.

A Samadhan Delhi High Court mediation typically needs three to six sessions, each lasting an hour or two, spread over a few weeks. Complex commercial disputes or family cases with property, children and maintenance can take longer. The centre usually asks the court for more time if the parties are making progress, and courts generally agree.

Lawyers attend and play a real role: explaining the legal consequences of a proposal, drafting terms, and making sure their client does not agree to something unenforceable. A good mediation lawyer talks less than a trial lawyer and listens more.

Confidentiality, and what happens if mediation fails

Confidentiality is the foundation of the process. Under the court's rules, the mediator cannot be called as a witness, and offers, admissions and documents prepared for mediation cannot be used as evidence in the case. The report sent back to the court says only whether the matter settled, not why it failed or who refused what.

That protection means you can make an offer, such as 'I will pay Rs 15 lakh in three instalments', without the other side later telling the judge that you admitted owing money. It also means you should not hold back useful information for fear of how it will look in court.

If mediation fails, the case goes back to the bench on the date already fixed and continues exactly as before. No adverse inference is drawn. The court may refer the matter again later if circumstances change, for example after a key hearing or a change in one party's finances.

What a Samadhan settlement does, case by case

In a civil suit, the referring court passes a decree in terms of the settlement under Order 23 Rule 3 CPC. That decree can be executed like any other. If the case was referred under Section 89 and settles, the plaintiff can claim a refund of the court fee under Section 16 of the Court Fees Act 1870, which in a high-value property or commercial suit is worth asking for.

In a matrimonial appeal, the settlement usually provides for a mutual consent divorce under Section 13B of the Hindu Marriage Act 1955, a lump sum or periodic maintenance, custody and visitation, return of articles, and withdrawal of every connected case: the domestic violence case, maintenance proceedings and criminal complaints. Where a family court appeal is pending, the High Court may grant the divorce itself or direct the parties to file before the family court. Our page on family court appeals in the Delhi High Court explains those appeals.

In a criminal matter, the settlement does not end the case by itself. For compoundable offences, the court records compounding. For non-compoundable offences such as cruelty under Section 85 BNS, the High Court has to quash the FIR under Section 528 BNSS. Our page on quashing a case after compromise explains that second step.

Every settlement should link performance to legal steps. Each payment is tied to a court date; withdrawal of a case follows receipt of a payment, not the other way round. That structure protects both sides.

How long mediation at Samadhan takes and what it costs

What to bring to a Samadhan session

Samadhan, district mediation centres and pre-litigation mediation: who handles what

Samadhan takes cases pending in the Delhi High Court and those referred by the Supreme Court. If your case is pending in a district court, at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka, Patiala House or Rouse Avenue, the referral goes to the mediation centre at that court complex, run with the Delhi State Legal Services Authority. Family courts have their own counsellors and mediation arrangements.

Samadhan has also offered pre-litigation mediation, where parties approach it before any case is filed. That is separate from the mandatory pre-institution mediation for commercial suits under Section 12A of the Commercial Courts Act, which in Delhi is handled by the legal services authorities. Our sister site's guide to commercial court practice deals with Section 12A mediation, and our guide on which commercial cases go to the Commercial Division explains the High Court side.

The forum follows the case, and Samadhan Delhi High Court mediation is only for matters pending in the High Court or sent by the Supreme Court. If your suit is valued above Rs 2 crore at present (a proposal to raise that limit is pending, so check the current limit) and is on the High Court's original side, a referral will be to Samadhan. Our page on the Delhi High Court covers the rest of its jurisdiction.

NRIs and parties who cannot attend in person

Samadhan offers video sessions where a party lives abroad or genuinely cannot travel. Ask your lawyer to request this at the time of referral, so that the referral order or the centre's notice records it.

For signing the settlement, the centre and the court usually want the party's own signature and identity confirmation. An NRI can sign at the Indian embassy or consulate, or before a notary with apostille, and send the original, or attend a short session in person when visiting India. The court may also question the party by video before recording the settlement, particularly in matrimonial and criminal matters, to be sure consent is genuine.

A power of attorney holder can attend sessions and negotiate, but courts are cautious about accepting a settlement in matrimonial or criminal cases signed only by an attorney. Plan for the party's own confirmation.

How to prepare well, and common mistakes

The most common mistake is arriving without a figure. Parties come to 'see what the other side offers' and spend three sessions finding out what they themselves want. Work out, before the first session, what you need, what you could accept, and at what point you would rather go back to court.

Other mistakes repeat. People forget connected cases, so the settlement ends one case but leaves a criminal complaint alive. They agree to lump-sum payments with no security. They sign terms on tax or stamp duty without checking the cost. And some treat the mediator as a judge, arguing the case instead of solving it.

Advocate B.K. Singh's practical tip for clients going to Samadhan is to prepare a single-page note before the first session: every pending case between the parties, the money figures with documents, and the three outcomes the client could live with. That page usually saves two sessions.

Is mediation at Samadhan right for your case?

Mediation works best where the parties will have to deal with each other again, as co-owners, parents, business partners or neighbours, and where money or arrangements can be divided in more than one way. It works less well where one side wants a public finding of wrongdoing, where the law is the real question, or where one side has no intention of paying.

Agreeing to mediate is not a sign of weakness. Judges see willingness to talk as reasonable, and a party who refuses outright, without reason, rarely gains goodwill. But you are never obliged to accept a bad settlement. If the terms on offer are worse than what a court is likely to give, saying no and going back to court is a perfectly sound decision.

What to do this week

If you have been referred, download the referral order and note the Samadhan date and the next court date. Collect your income papers, property documents and the list of connected cases. Decide privately, with your lawyer, what you want, what you could accept and when you would stop. If you are thinking of suggesting mediation yourself, talk to your lawyer about raising it at the next hearing.

If you would like your case papers reviewed before a Samadhan date, or an update on the Mediation Act 2023 and how the Delhi High Court is applying it, contact Advocate B.K. Singh.