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

A mediator in a commercial dispute in Chennai meets one party alone, then the other, and later both together, and wants to apply the strict rules of evidence to documents tendered. Under section 15, which statement is correct?

The mediator may meet the parties jointly or separately as often as considered fit, and is not bound by either the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. Strict evidence rules therefore need not be applied.

  1. ASeparate meetings are prohibited; all meetings must be joint
  2. BThe mediator must follow the Code of Civil Procedure, 1908 strictly
  3. CThe mediator may meet parties jointly or separately as deemed fit, and is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872Correct
  4. DThe mediator is bound by the Indian Evidence Act, 1872 but not by the Code of Civil Procedure

Explanation

Section 15(4) allows meetings with parties jointly or separately as often as the mediator thinks fit, and section 15(5) states the mediator is bound by neither the Code of Civil Procedure nor the Indian Evidence Act. Options B and D contradict section 15(5).

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