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

During a mediation between Bharat Logistics and Anand Traders, Anand's counsel objects that the mediator is allowing oral statements and unsworn documents which would be inadmissible in a civil trial, and demands strict compliance with the Indian Evidence Act, 1872. What is the correct position?

The mediator is not bound by either the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. Mediation is not a trial, so strict evidentiary admissibility rules cannot be demanded by a party to restrict the mediator's process.

  1. AThe mediator is bound by the Evidence Act but not the Code of Civil Procedure
  2. BThe mediator is bound by both the Code of Civil Procedure and the Evidence Act
  3. CThe mediator is bound by the Code of Civil Procedure but not the Evidence Act
  4. DThe mediator is bound by neither the Code of Civil Procedure, 1908 nor the Indian Evidence Act, 1872Correct

Explanation

Section 15(5) provides that the mediator is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. The objection therefore fails; the mediator's approach is governed by the specified manner of conduct and fairness principles.

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