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

Arjun and Bhavna sign a mediated settlement, but the mediator has not yet authenticated it. Bhavna seeks to enforce it as a decree. Which statement best reflects section 27 of the Mediation Act, 2023?

Bhavna's claim is premature. Section 27 gives finality and enforceability to a settlement signed by the parties and authenticated by the mediator. Signatures alone are not sufficient, and registration is not the test for enforcement.

  1. AIt is enforceable because signature by the parties alone is enough
  2. BIt is enforceable once either party pays the prescribed fee
  3. CSection 27 applies to an agreement signed by the parties and authenticated by the mediator, so Bhavna's claim is prematureCorrect
  4. DIt is enforceable only if registered with the Council

Explanation

Section 27(1) requires both signature by the parties and authentication by the mediator for the agreement to be final, binding and enforceable. Without authentication, the condition is not met.

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