Skip to content

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

Mediator Rekha is conducting a mediation between Anand Pharma (Gujarat) and Meenakshi Agro (Tamil Nadu). The parties are comfortable in both English and Hindi, and Rekha prefers English. Under Section 15, how is the language of the mediation determined?

The mediator determines the language or languages, but only with the consent of the parties. Section 15(6) requires this joint element, so a mediator's personal preference cannot alone fix the language, and the contract language or the Council does not control it.

  1. ARekha alone decides, since she controls the process
  2. BThe Council decides the language in every case
  3. CThe mediator, with the consent of the parties, determines the language or languages to be usedCorrect
  4. DThe language must be the one used in the underlying contract

Explanation

Section 15(6) provides that the mediator with the consent of the parties shall determine the language or languages to be used. Rekha's preference alone is insufficient, and no rule ties the language to the contract or to the Council.

Did you get it right without looking?

One question tells you little. A timed set on Mediation: An Introduction and its Process along with Rules shows your real accuracy, how long you take and where you lose marks.

Practise Mediation: An Introduction and its Process along with RulesFree diagnostic mock

More Mediation: An Introduction and its Process along with Rules questions