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

Before the Mediation Council's regulations under Section 15(1) were made, a court-annexed mediation between Raman Builders and Lakshmi Estates was already pending when the regulations came into force. Under Section 57, which governs that pending mediation?

The earlier court-annexed mediation rules continue to govern it. Section 57 preserves those rules until regulations under Section 15(1) are made, and its proviso keeps them applicable to all court-annexed mediations pending on the date the regulations come into force.

  1. AThe new regulations apply from the date they come into force to all mediations
  2. BThe rules governing court-annexed mediation continue to apply to that pending mediationCorrect
  3. CNo rules apply until the parties agree on a procedure
  4. DThe Code of Civil Procedure, 1908 applies automatically

Explanation

Section 57 keeps the rules governing court-annexed mediation in force until regulations under Section 15(1) are made, and its proviso says those rules continue to apply to all court-annexed mediation pending on the date the regulations come into force. The new regulations therefore do not displace them for the pending matter.

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