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CS Professional · Arbitration, Mediation and Conciliation · International and Emerging Aspects under Mediation Law

A foreign university proposes a joint training programme on cross-border commercial mediation with the Mediation Council of India, and wants a formal agreement recording the collaboration. Which Section 38 function supports the Council doing this?

The Council can do this under Section 38(h), which lets it enter into memoranda of understanding or agreements with domestic and international bodies, organisations or institutions. Section 38(g) also supports joint trainings with universities. Accrediting mediators or appointing the Chairperson are not Council functions here.

  1. AEntering into memoranda of understanding or agreements with domestic and international bodies, organisations or institutionsCorrect
  2. BRegistering mediated settlement agreements for the university's students
  3. CAccrediting mediators for the university's panel
  4. DAppointing the Chairperson of the Council

Explanation

Section 38(h) permits the Council to enter into memoranda of understanding or agreements with domestic and international bodies, organisations or institutions, and 38(g) supports holding trainings with universities. Accrediting mediators is a service provider function under Section 41, and the Central Government appoints the Chairperson under Section 32.

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