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

After mediation between Kavya Foods and Lakshmi Distributors fails, Kavya sues in a civil court. Kavya's counsel wishes to summon Ms. Rao, the mediator, to testify about what Lakshmi's director said in the mediation. Which statement is correct under the Mediation Act, 2023?

Ms. Rao cannot be presented by the parties as a witness. Under the Mediation Act, 2023, a mediator shall not be presented as a witness in any arbitral or judicial proceeding, so neither court permission nor one party's consent changes the position.

  1. AMs. Rao may be presented as a witness if the court permits
  2. BMs. Rao may be presented as a witness only in arbitral proceedings
  3. CMs. Rao may be presented as a witness if Kavya alone consents
  4. DMs. Rao cannot be presented by the parties as a witness in any arbitral or judicial proceedingCorrect

Explanation

Section 17(b) states that the mediator shall not be presented by the parties as a witness in any arbitral or judicial proceeding. The provision covers both courts and arbitration, and no party consent or court permission is mentioned in it.

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