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

In an online mediation, mediator Ishaan Verma wishes to hold a private chat-room session with only one party, Sunrise Exports, and to conduct the process in a language chosen with the parties' consent. Which statement is correct under the Mediation Act, 2023?

The mediator may meet the parties jointly or separately as he considers appropriate, and the language is determined by him with the consent of the parties. He is not bound by the Code of Civil Procedure or the Evidence Act, and secure chat rooms are expressly recognised for online mediation.

  1. ASeparate meetings are prohibited online, as all communication must be joint
  2. BHe may meet parties jointly or separately as he deems fit, and the language is determined with the parties' consentCorrect
  3. CHe must follow the Code of Civil Procedure, 1908 for recording the chat
  4. DHe may fix the language alone, since consent is needed only for physical mediation

Explanation

Section 15(4) lets the mediator meet parties jointly or separately as frequently as he deems fit, and Section 15(6) requires the mediator to determine the language with the parties' consent. Section 15(5) frees him from the Code of Civil Procedure and the Evidence Act. Secure chat rooms are contemplated by Section 30(1).

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