Section 75: Empanelment of mediators

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019

Legal Commentary & Landmark Judgments: Section 75

Section 75 regulates the empanelment of qualified mediators by a Selection Committee for each Consumer Mediation Cell, prescribing qualifications, a five-year panel tenure, and regulatory fee structures.

  • Selection Committee Architecture: Empowers a specialized Selection Committee constituted under statutory regulations to evaluate and recommend candidates for mediator empanelment.
  • Multi-Disciplinary Professional Criteria: Requires empanelment of individuals with proven integrity, expertise, and experience in law, consumer affairs, commerce, engineering, medicine, or dispute resolution.
  • Five-Year Fixed Panel Tenure: Provides that the panel of mediators prepared by the Commission remains valid for five years, subject to disqualification, resignation, or removal under statutory regulations.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India (2021) 7 SCC 369: The Supreme Court emphasized that statutory dispute resolution panels and tribunals must maintain transparent, objective, and merit-based selection criteria to inspire litigant confidence.
  • Salem Advocate Bar Association v. Union of India (2003) 1 SCC 49: The Supreme Court affirmed the necessity of trained, certified, and ethically bound mediators to uphold institutional integrity in statutory alternative dispute resolution programs.
Courtroom Practice & Strategic Litigation Guidance:

When consenting to mediation in matters involving specialized industry practices (such as aviation delays, banking fraud, or construction defects), review the panel list under Section 75 and request nomination of a mediator with verified sector-specific expertise.