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

In a mediation between Bharat Steels and Ganga Logistics, Ganga's lawyer insists that the mediator must follow the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 in recording statements and admitting documents. Which statement is correct under Section 15?

The mediator is not bound by either enactment. Section 15(5) expressly states that the mediator shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872, so the lawyer's insistence on strict procedural and evidence rules is misplaced.

  1. AThe mediator must follow both enactments strictly
  2. BThe mediator must follow the Code of Civil Procedure but not the Evidence Act
  3. CThe mediator must follow the Evidence Act but not the Code of Civil Procedure
  4. DThe mediator is not bound by either the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872Correct

Explanation

Section 15(5) says the mediator shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. The options making only one binding are wrong because the exemption covers both.

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