Chapter IV - Consumer Disputes Redressal Commission
Section 37
Section 37: Reference to mediation
The current section 37 allows the District Commission to propose mediation where settlement elements appear, subject to excluded cases, and requires written party consent before referral.
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Need advice on Section 37?
This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V.
(2) Where the parties agree for settlement by mediation and give their consent in writing, the District Commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of Chapter V, relating to mediation, shall apply.
Introduction
If directed, submit written consent or refusal within five days. Do not treat a unilateral willingness to mediate as the written agreement of both parties.
Key takeaways
Who and when
The current section 37 allows the District Commission to propose mediation where settlement elements appear, subject to excluded cases, and requires written party consent before referral.
Operational step
At first hearing or later, identify whether the dispute has settlement elements and whether it is in a prescribed excluded category.
Boundary
Do not claim that the Mediation Act 2023 has already replaced section 37; its section 65/Tenth Schedule has not commenced.
When the section matters
The current section 37 allows the District Commission to propose mediation where settlement elements appear, subject to excluded cases, and requires written party consent before referral.
Practical steps
At first hearing or later, identify whether the dispute has settlement elements and whether it is in a prescribed excluded category. If directed, submit written consent or refusal within five days. If both parties consent, track the Commission’s five-day referral window and Chapter V mediation procedure.
- At first hearing or later, identify whether the dispute has settlement elements and whether it is in a prescribed excluded category.
- If directed, submit written consent or refusal within five days.
- If both parties consent, track the Commission’s five-day referral window and Chapter V mediation procedure.
Example
In a refund dispute, both sides consent in writing after the first hearing; the Commission then refers the matter to mediation within five days of receiving consent.
Official sources
Practical checklist
Do
- At first hearing or later, identify whether the dispute has settlement elements and whether it is in a prescribed excluded category.
- If directed, submit written consent or refusal within five days.
- If both parties consent, track the Commission’s five-day referral window and Chapter V mediation procedure.
Avoid
- Do not claim that the Mediation Act 2023 has already replaced section 37; its section 65/Tenth Schedule has not commenced.
- Do not treat a unilateral willingness to mediate as the written agreement of both parties.
Glossary
- Mediation
- A consensual settlement process to which the District Commission may refer an eligible dispute under current Chapter V.
Frequently asked questions
Is consumer mediation automatic?
No. The Commission assesses suitability and the parties must give written consent for referral under current section 37.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026