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CS Professional · Arbitration, Mediation and Conciliation · Mediation: An Introduction and its Process along with Rules

A District Legal Services Authority set up under the Legal Services Authorities Act, 1987 starts conducting mediations under the Mediation Act, 2023. What is its position regarding recognition by the Council?

The Legal Services Authority is itself a mediation service provider under the Act, and the proviso to section 40(1) deems it recognised by the Council. It need not apply for recognition or await any separate notification.

  1. AIt must apply to the Council and wait for recognition
  2. BIt is deemed to be a mediation service provider recognised by the CouncilCorrect
  3. CIt can act only after the Central Government issues a special notification for it
  4. DIt is excluded from the definition of mediation service provider

Explanation

Section 40(1)(b) includes an Authority constituted under the Legal Services Authorities Act, 1987, and the proviso states that bodies in clauses (b), (c) and (d) are deemed to be recognised by the Council. Hence no separate application is needed.

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