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

In a mediation between Sunrise Textiles Pvt Ltd and a supplier, each party brings its advocate and a technical expert to the sessions. Under the Act's definitions, these advocates and experts are:

They are participants. The Act defines participants as persons other than the parties who take part in mediation, expressly including advisers, advocates, consultants, technical experts and observers. They are not parties because their consent is not needed to resolve the dispute.

  1. AParticipants, being persons other than the parties who take part in the mediationCorrect
  2. BParties, since their consent is needed to settle
  3. CMediators, because they assist the parties
  4. DMediation service providers

Explanation

Section 3(r) defines participants as persons other than the parties who participate, including advisers, advocates, consultants, technical experts and observers. Section 3(s) defines a party as one whose agreement or consent is necessary to resolve the dispute, which the advocates are not.

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