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

A statute other than the Mediation Act, 2023 contains an inconsistent provision on the conduct of mediation or conciliation, and that statute is not listed in the Second Schedule of the Mediation Act. Which view is correct under section 55?

The Mediation Act, 2023 overrides inconsistent provisions in other laws on the conduct of mediation or conciliation, except enactments in its Second Schedule. The Central Government can amend that Schedule by notification when it considers it necessary or expedient.

  1. AThe other statute prevails because it is older
  2. BThe Mediation Act prevails for the conduct of mediation or conciliation, and the Central Government may amend the Second Schedule by notificationCorrect
  3. CThe Mediation Act prevails only if the State Government consents
  4. DThe two are read together and the court chooses whichever it prefers

Explanation

Section 55(1) gives the Act overriding effect for conduct of mediation or conciliation notwithstanding inconsistent law, subject to the enactments in the Second Schedule. Section 55(2) lets the Central Government amend the Second Schedule by notification if satisfied it is necessary or expedient. Age of the other law and State consent are irrelevant.

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