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CS Professional · Arbitration, Mediation and Conciliation · International and Emerging Aspects under Mediation Law

In a community mediation in a Nagpur ward, the panel of three community mediators fails to bring the residents to a settlement. What does the Mediation Act, 2023 provide?

The community mediators may submit a non-settlement report to the Authority, District Magistrate or Sub-Divisional Magistrate, as applicable, and to the parties. They have no authority to impose a settlement, and section 44(3) prescribes this reporting route.

  1. AThe panel must impose a settlement
  2. BA non-settlement report may be submitted to the Authority or the District Magistrate or Sub-Divisional Magistrate, as the case may be, and to the partiesCorrect
  3. CThe dispute is automatically referred to arbitration
  4. DThe panel must report only to the Mediation Council of India

Explanation

Under section 44(3), where no settlement is reached, community mediators may submit a non-settlement report to the Authority, District Magistrate or Sub-Divisional Magistrate and to the parties. Mediators cannot impose a settlement, as section 3(h) shows.

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