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CS Professional · Arbitration, Mediation and Conciliation · Mediation: An Introduction and its Process along with Rules

After mediation, Arjun Traders and Patel Logistics sign a settlement agreement authenticated by the mediator. Patel Logistics fails to pay the agreed sum. Subject to section 28, how is the agreement enforced?

It is enforced under the Code of Civil Procedure, 1908 in the same manner as a judgment or decree of a court, subject to the challenge provisions in section 28. It can also be relied on as a defence or set off.

  1. AOnly by filing a fresh civil suit on the original dispute
  2. BOnly by a new arbitration reference
  3. CIn accordance with the Code of Civil Procedure, 1908, as if it were a judgment or decree of a courtCorrect
  4. DBy the mediator directly attaching Patel's assets

Explanation

Section 27(2) provides enforcement under the Code of Civil Procedure, 1908 as if it were a court judgment or decree. It may also be used as a defence or set off in legal proceedings. A fresh suit is not required.

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