Skip to content

CS Professional · Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

During mediation between Arvind Motors and its dealer Sethi Autos, the mediator meets Arvind Motors alone and is told a revised payment figure. Sethi Autos has not agreed to any such disclosure. Under Section 16(1), what may the mediator do with this information?

The mediator may communicate a party's view to the other side only to the extent the parties have agreed. Section 16(1) of the Mediation Act, 2023 ties the mediator's communication role to the parties' agreement, so the revised figure cannot be passed on without Sethi Autos' agreement in this setting.

  1. APass it to Sethi Autos to speed up the settlement, since the mediator must always communicate each party's view
  2. BCommunicate each party's view to the other only to the extent agreed to by the partiesCorrect
  3. CImpose the figure as a settlement term if it appears reasonable
  4. DDisclose it to the court as evidence of the dispute

Explanation

Section 16(1) lets the mediator communicate the view of each party to the other only to the extent agreed to by them. Passing on the figure without consent would go beyond this. The mediator also cannot impose any settlement under Section 16(2).

Did you get it right without looking?

One question tells you little. A timed set on Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains shows your real accuracy, how long you take and where you lose marks.

Practise Various Modes and Scope of Mediation including Role of Mediation in other ADR DomainsFree diagnostic mock

More Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains questions