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CS Professional · Arbitration, Mediation and Conciliation · International and Emerging Aspects under Mediation Law

Advocate Meera Iyer completes mediator training and wishes to practise. She asks who lays down the manner in which mediators are registered, and who may suspend or cancel such registration on specified conditions. Under Section 38, this falls to:

The Mediation Council of India. Section 38(e) requires it to provide the manner of registering mediators and to renew, withdraw, suspend or cancel registration on specified conditions. Service providers only accredit mediators and keep panels, which is a different function from registration.

  1. AThe mediation service provider, which alone decides registration of mediators
  2. BThe Mediation Council of India, which provides for the manner of registration and may renew, withdraw, suspend or cancel itCorrect
  3. CThe Central Government through a court order in each case
  4. DThe parties to the dispute, by mutual agreement

Explanation

Section 38(e) directs the Council to provide for the manner of registration of mediators and to renew, withdraw, suspend or cancel registration on specified conditions. A service provider accredits mediators and maintains a panel under Section 41, but it does not control registration.

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