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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

A community mediation panel fails to bring the parties to any settlement. What does section 44 of the Mediation Act, 2023 provide?

Where no settlement is reached, the community mediators may submit a non-settlement report to the Authority, District Magistrate or Sub-Divisional Magistrate, as the case may be, and to the parties, under section 44(3) of the Mediation Act, 2023.

  1. AThe panel must file a civil suit on behalf of the parties
  2. BThe panel may submit a non-settlement report to the Authority or the District Magistrate or the Sub-Divisional Magistrate, as the case may be, and to the partiesCorrect
  3. CThe panel must impose a binding award on the parties
  4. DNo record of any kind may be made

Explanation

Section 44(3) states that where no settlement agreement is reached, a non-settlement report may be submitted by the community mediators to the Authority or the District Magistrate or Sub-Divisional Magistrate, as the case may be, and to the parties. The panel has no power to impose an award.

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