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

A statute on conciliation in a sector-specific law conflicts with the Mediation Act, 2023 on how mediation is conducted. The statute is NOT listed in the Second Schedule of the Mediation Act. Which prevails for the conduct of mediation or conciliation?

The Mediation Act, 2023 prevails. Its overriding provision applies notwithstanding inconsistent laws, subject only to enactments listed in the Second Schedule. A sector-specific statute outside that Schedule cannot displace it for conducting mediation or conciliation.

  1. AThe sector-specific statute, because it is the special law
  2. BThe Mediation Act, 2023, because it overrides inconsistent laws except those enactments in the Second ScheduleCorrect
  3. CWhichever law was enacted earlier
  4. DNeither, until the Central Government issues a notification

Explanation

Section 55(1) gives the Mediation Act overriding effect over inconsistent laws, subject to the enactments mentioned in the Second Schedule. Since the sector statute is not in that Schedule, the Mediation Act prevails. The special-law argument fails because the Act itself carves out only the scheduled enactments.

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