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

During an online mediation between Arjun Foods and Bharat Logistics, the mediator notices that an unknown person appears to be listening on the video link. Which course is most consistent with Section 30 of the Mediation Act, 2023?

The mediator should take whatever appropriate steps he deems fit to keep the proceedings' integrity and confidentiality intact. Section 30(3) requires these essential elements to be maintained at all times in online mediation, and it expressly empowers the mediator to act, without needing court direction or terminating the process.

  1. AContinue, since confidentiality applies only to physical sessions
  2. BTerminate the mediation, because online mediation cannot protect confidentiality
  3. CTake appropriate steps he deems fit to ensure integrity and confidentiality are maintainedCorrect
  4. DRefer the matter to the court for directions before proceeding

Explanation

Section 30(3) requires online mediation to be conducted in circumstances ensuring integrity of proceedings and confidentiality at all times, and lets the mediator take appropriate steps as he deems fit. Confidentiality is not limited to physical sessions, and the Act does not require court referral.

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