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 Gupta Steels and Nair Logistics has failed. Gupta Steels now proposes that the same mediator, Ms. Iyer, act as arbitrator in the arbitration over the same dispute, since she knows the facts. Under the Mediation Act, 2023, the position is:

Ms. Iyer cannot act as arbitrator. Section 17(a) of the Mediation Act, 2023 prohibits a mediator from acting as an arbitrator, or as representative or counsel of a party, in arbitral or judicial proceedings on the dispute that was the subject of the mediation, with no consent exception.

  1. AShe may act, if both parties consent in writing
  2. BShe may act only as arbitrator, but not as counsel for either party
  3. CShe may act as the arbitrator if the mediation lasted over three months
  4. DShe shall not act as an arbitrator in respect of a dispute that was the subject matter of the mediationCorrect

Explanation

Section 17(a) bars a mediator from acting as arbitrator, or as representative or counsel of a party, in any arbitral or judicial proceeding on the dispute that was the subject of the mediation. The text carves out no exception for consent or duration. Her limited bar to counsel only is therefore a wrong reading.

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