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

Gupta Exports Ltd (Delhi) and Lotus Foods Ltd (Pune) agree in writing to hold pre-litigation mediation through video conferencing using a secure encrypted platform. Which statement is consistent with the Mediation Act, 2023?

Online mediation, including pre-litigation mediation, is allowed with the written consent of the parties, using means such as secure video conferencing. The process must at all times preserve the integrity of the proceedings and the confidentiality of mediation communications.

  1. AOnline mediation is impermissible for pre-litigation mediation and is limited to court-referred cases
  2. BOnline mediation including pre-litigation mediation is permitted with the written consent of the parties, while integrity and confidentiality must be maintainedCorrect
  3. COnline mediation requires no consent if one party is outside the city
  4. DOnline mediation is allowed but need not preserve confidentiality of communications

Explanation

Section 30(1) permits online mediation, including pre-litigation mediation, with the written consent of the parties, using electronic means such as video conferencing. Section 30(3) and (4) require integrity of proceedings and confidentiality to be maintained. The options denying permission or dropping confidentiality contradict this.

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