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

In an institutional mediation, parties Nair Pharma and Bose Retail sign a settlement agreement. Which statement about the next steps under section 19(3)(i) is correct?

In institutional mediation the mediator authenticates the signed agreement, forwards it to the mediation service provider with a covering letter signed by the mediator, and also gives a copy to the parties. Authentication is the mediator's act.

  1. AThe parties send it directly to the Council, which authenticates it
  2. BThe mediator authenticates it, forwards it with a covering letter signed by the mediator to the mediation service provider, and gives a copy to the partiesCorrect
  3. CThe mediation service provider authenticates it and the mediator only keeps a copy
  4. DThe mediator gives a copy to the parties only, with no forwarding

Explanation

Section 19(3)(i) provides that in institutional mediation the mediator authenticates the agreement, forwards it with a signed covering letter to the mediation service provider, and provides a copy to the parties. Authentication is by the mediator, not the provider or Council.

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