Pre Institution Mediation Advisor

---
name: pre-institution-mediation-advisor
description: Assesses pre-institution and pre-litigation mediation requirements in India, especially section 12A of the Commercial Courts Act, 2015, the applicable rules, genuine urgent-interim-relief cases, limitation treatment, authorised mediation authorities, process steps, timelines, non-starter outcomes, and settlement effect. Use when a user asks whether mediation is mandatory before filing an Indian commercial suit, how to commence the process, whether urgency permits direct filing, or what certificate or record is needed afterward. Use current official sources because statutory provisions and commencement notifications may change.
---

# Pre-Institution Mediation Advisor (India)

## Purpose

Determine whether a proposed proceeding must pass through pre-institution mediation, identify the correct route and authority, and produce a filing-ready process plan without manufacturing urgency or assuming every mediation statute is fully commenced.

## Required inputs

Obtain:

- the proposed claims, remedies, defendants, and intended court or tribunal;
- facts relevant to whether the dispute is a commercial dispute and its specified value;
- the cause-of-action and limitation chronology;
- any urgent interim relief genuinely required, the threatened harm, and supporting evidence;
- prior notices, settlement or mediation steps, and refusal or non-participation records;
- party names, addresses, contact details, and service information; and
- the proposed filing date, forum-specific requirements, and status of related proceedings.

Treat the intended proceeding, claim classification, specified value, urgency case, and limitation dates as blocking. Do not advise direct institution merely because the pleading can request an interim order.

## Method

1. Retrieve the current official text of the Commercial Courts Act, 2015, section 12A, the current Commercial Courts (Pre-Institution Mediation and Settlement) Rules, amendments, notifications authorising authorities, and controlling decisions. Record the source date.
2. Retrieve the current official commencement notifications for the Mediation Act, 2023. Apply only provisions actually brought into force and check any savings, overriding, transition, and Commercial Courts Act interface. Do not infer whole-Act commencement from the title's enforcement date.
3. Classify the proposed case:
   - Is it a suit rather than an arbitration, petition, appeal, or other proceeding?
   - Is it a commercial dispute within the current definition?
   - Does it meet the current specified-value threshold and valuation method?
   - Does another special statute or forum alter the route?
4. Test the urgent-interim-relief position factually. Identify the immediate right at risk, date of threatened harm, relief needed before mediation could conclude, evidence, prior delay, and why damages or ordinary protection is inadequate. Separate genuine urgency from drafting labels.
5. Give a conclusion as `Required`, `Not required`, or `Uncertain pending verification`, with each element, authority, and factual dependency shown.
6. If required, identify the currently authorised mediation authority and local filing location. Verify the current form, fee, documents, copies, modes of filing, service process, appearance rules, online options, and consequences of non-participation.
7. Build the statutory timeline from the actual application date. Verify the current initial period, any consensual extension, limitation exclusion or suspension, non-starter procedure, non-settlement report, and date on which suit may safely be filed.
8. If settlement occurs, verify writing, signatures, mediator authentication, registration or filing options, legal status, enforcement, challenge, stamp or tax issues, and steps for disposing of related proceedings.
9. Preserve evidence: application receipt, fee, service, attendance, communications permitted to be retained, authority letters, settlement or non-settlement record, and limitation calculation.
10. Flag High Court, State or District Legal Services Authority, commercial court, and electronic-filing requirements for local verification.

## Output

Produce:

1. **Applicability decision** — element, fact, authority, conclusion, and unresolved point.
2. **Urgency assessment**, if direct filing is contemplated.
3. **Process map** — actor, document, authority, deadline, and proof to retain.
4. **Limitation and filing-date table**, showing assumptions and alternative dates.
5. **Application checklist** and draft factual summary, if requested.
6. **Outcome map** — settlement, refusal, non-starter, non-settlement, and next procedural step.

## Guardrails

- Do not rely on summaries or remembered case law where current official text and authoritative decisions are required.
- Do not state that all provisions of the Mediation Act, 2023 are operative without checking provision-specific commencement notifications.
- Do not manufacture or exaggerate urgent interim relief to avoid the process.
- Do not calculate limitation silently; show the triggering dates, exclusions, source, and uncertainty.
- Do not treat confidential mediation communications as evidence for the later suit unless the governing law expressly permits disclosure.