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CS Professional · Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

Ishaan wants pre-litigation mediation of a civil dispute and prefers a mediator from the panel maintained by a court-annexed mediation centre. Under the Mediation Act, 2023, who may conduct pre-litigation mediation, unless the parties agree otherwise?

Unless the parties agree otherwise, pre-litigation mediation is conducted by a mediator who is registered with the Council or empanelled by a court-annexed mediation centre, a Legal Services Authority, or a recognised mediation service provider. A court-annexed centre panel mediator therefore qualifies.

  1. AOnly a mediator registered with the Council
  2. BOnly a retired judge nominated by the High Court
  3. CA mediator registered with the Council, or empanelled by a court-annexed mediation centre, a Legal Services Authority, or a recognised mediation service providerCorrect
  4. DOnly a mediator empanelled by a Legal Services Authority

Explanation

Section 5(3) lists four sources: a mediator registered with the Council, or empanelled by a court-annexed mediation centre, by a Legal Services Authority, or by a recognised mediation service provider. Option C covers all of them; the others each name only one or an invented category.

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