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

In a locality in Jaipur, a community mediation panel helps two families settle a boundary quarrel. A settlement agreement is signed and authenticated by the community mediators. One family later refuses to comply and the other seeks to execute it directly as a civil court decree. Under the Mediation Act, 2023, what is the position?

The settlement is not enforceable as a judgment or decree of a civil court. The Act says a community mediation settlement serves to maintain peace, harmony and tranquillity in the locality; authentication by mediators or registration under section 20 does not give it decree status.

  1. AA settlement under the community mediation chapter is for maintaining peace and harmony but is not enforceable as a judgment or decree of a civil courtCorrect
  2. BIt is enforceable as a decree of a civil court once authenticated by the community mediators
  3. CIt is enforceable as a decree once the District Magistrate countersigns it
  4. DIt is enforceable as a decree only if registered under section 20

Explanation

Section 44(4) states that a settlement agreement under this Chapter is for maintaining peace, harmony and tranquillity among residents or families but shall not be enforceable as a judgment or decree of a civil court. Section 44(5) applies section 20 on registration, but registration does not make it a decree.

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