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

Before the regulations on conducting mediation proceedings are made under the Act, a commercial dispute is pending in a court-annexed mediation governed by existing court rules. Under the transitory provision, what is the position?

The rules in force for court-annexed mediation continue to apply until regulations on the manner of conducting mediation are made. The Act deliberately avoids a gap, so the pending mediation proceeds under the existing court rules and need not restart.

  1. AThe existing rules lapse immediately on the Act's commencement, leaving no governing rules
  2. BThe rules in force for court-annexed mediation continue to apply until such regulations are madeCorrect
  3. COnly the Act's provisions apply and the old rules are void from the start
  4. DThe parties must restart the mediation under the Council's code

Explanation

The transitory provision says rules in force governing court-annexed mediation continue to apply until regulations are made under the section on manner of conducting mediation. So there is no gap. The lapse option contradicts this.

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