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CS Professional · Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

A villagers' group in a locality uses community mediation to settle a boundary dispute with a neighbouring group. A student claims Section 25(1) fixes the cost for this mediation. What does the text of Section 25(1) indicate?

The specified cost applies to mediation other than community mediation. Section 25(1) of the Mediation Act, 2023 expressly excludes community mediation from the cost that may be specified, so the student's claim that it covers the villagers' community mediation is incorrect.

  1. AThe specified cost applies to all mediation including community mediation
  2. BThe specified cost under Section 25(1) applies to mediation other than community mediationCorrect
  3. CCommunity mediation must always bear a cost equal to that of institutional mediation
  4. DSection 25(1) applies only to pre-institution mediation under the Commercial Courts Act, 2015

Explanation

Section 25(1) says the cost of mediation, other than community mediation, shall be such as may be specified. Community mediation is therefore carved out from the specified cost. It is not tied to Section 12A of the Commercial Courts Act.

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