Skip to content

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

Mediation between Bhatia Pharma and Menon Distributors fails. In later court proceedings on the same dispute, Bhatia Pharma wishes to call the mediator, Mr. Dutta, as a witness to prove what Menon said in the sessions. Mr. Dutta also tells the parties during mediation that he is confident the dispute will settle. Which statement is correct under Sections 16 and 17 of the Mediation Act, 2023?

Mr. Dutta cannot be presented as a witness, because Section 17(b) of the Mediation Act, 2023 forbids it, and his assurance of settlement is improper because Section 16(2) bars the mediator from giving any assurance that mediation may result in a settlement.

  1. AMr. Dutta may be presented as a witness, but his assurance of settlement is permitted
  2. BMr. Dutta may be presented as a witness, and his assurance is improper
  3. CMr. Dutta cannot be presented by the parties as a witness in the proceedings, and his assurance of settlement is inconsistent with his roleCorrect
  4. DMr. Dutta cannot be a witness, but his assurance is fine because it encourages settlement

Explanation

Section 17(b) says the mediator shall not be presented by the parties as a witness in any arbitral or judicial proceeding. Section 16(2) says the mediator must not give any assurance that mediation may result in a settlement. Both limbs of the statement therefore point to the third option; the other options accept either the witness call or the assurance.

Did you get it right without looking?

One question tells you little. A timed set on Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains shows your real accuracy, how long you take and where you lose marks.

Practise Various Modes and Scope of Mediation including Role of Mediation in other ADR DomainsFree diagnostic mock

More Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains questions