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

A residents' welfare dispute in a locality is taken up through community mediation under the Mediation Act, 2023. The panel of community mediators fails to bring the parties to a settlement. What does the Act provide for such a case?

When community mediation ends without a settlement, the community mediators may submit a non-settlement report to the Authority, the District Magistrate or the Sub-Divisional Magistrate, as applicable, and also to the parties. They do not issue binding awards or impose a decision on the dispute.

  1. AThe community mediators may submit a non-settlement report to the Authority or the District Magistrate or Sub-Divisional Magistrate, as the case may be, and to the partiesCorrect
  2. BThe community mediators must pass a binding award on the dispute
  3. CThe panel must refer the dispute to a civil court for a decree within the same proceeding
  4. DThe panel must declare the dispute settled by majority of the three mediators

Explanation

Under the community mediation procedure, if 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. Community mediators have no power to pass awards or compel a settlement, so the award option is wrong.

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