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

An online mediation between Bharat Foods Ltd and a vendor is held on a video platform. Which statement correctly reflects the Mediation Act, 2023 about how it must be conducted?

Online mediation must be conducted so that integrity of proceedings and confidentiality are maintained at all times, and the mediator may take appropriate steps to ensure this. Confidentiality also covers online mediation communications, which the other statements wrongly deny or restrict.

  1. AThe circumstances must ensure that integrity of proceedings and confidentiality are maintained at all times, and the mediator may take appropriate steps for thisCorrect
  2. BConfidentiality applies only to in-person sessions, not to online sessions
  3. COnly video conferencing is permitted, not encrypted email or chat rooms
  4. DIntegrity of proceedings is the duty of the platform provider alone, not the mediator

Explanation

Section 30(3) requires online mediation to be conducted in circumstances ensuring integrity of proceedings and confidentiality at all times, and allows the mediator to take appropriate steps. Section 30(4) extends confidentiality to online mediation communications, and section 30(1) lists email, chat rooms and audio or video modes.

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