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

Advocate Nair mediated a dispute between Arun Steels and Bharat Fabricators, which did not settle. Bharat later files a civil suit on the same dispute. Arun's family wants to engage Advocate Nair as its counsel in that suit, arguing that he knows the case thoroughly. Under the Mediation Act, 2023, this is:

It is not permitted. Under the Mediation Act, 2023, a mediator shall not act as representative or counsel of a party in any arbitral or judicial proceeding concerning the dispute that was the subject of the mediation. Disclosure to the court or silence by the other side does not cure this.

  1. Apermitted, since a lawyer's professional duty overrides the restriction
  2. Bpermitted, provided he discloses his earlier role to the court
  3. Cnot permitted, since a mediator shall not act as a representative or counsel of a party in a judicial proceeding on the mediated disputeCorrect
  4. Dnot permitted only if Bharat objects in writing

Explanation

Section 17(a) bars the mediator from acting as a representative or counsel of a party in any arbitral or judicial proceeding on the dispute that was mediated. Disclosure or lack of objection does not remove the bar.

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