Must we mediate before filing a commercial suit?

Yes, unless the suit seeks urgent interim relief. Section 12A of the Commercial Courts Act requires pre-institution mediation, and the Supreme Court has held the requirement mandatory (Patil Automation, 2022) and that courts may check whether a claim of urgency is genuine (Yamini Manohar, 2023). Mediation must be completed within three months, extendable by two, and the time is excluded from limitation.