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

Meera Textiles Ltd (Surat) and Kaveri Dyes Pvt Ltd (Chennai) are in a commercial dispute. Both wish to mediate through video conferencing instead of travelling. Under the Mediation Act, 2023, what is the key requirement for conducting the mediation online?

Online mediation needs the written consent of the parties. The Act allows it at any stage, including pre-litigation mediation, through electronic means such as video or audio conferencing. It does not require court permission, Central Government approval or a Council direction for each case.

  1. APrior permission of the court having jurisdiction over the dispute
  2. BWritten consent of the partiesCorrect
  3. CApproval of the Central Government in each case
  4. DA direction from the Mediation Council of India

Explanation

Section 30(1) permits online mediation, including pre-litigation mediation, at any stage with the written consent of the parties. No court, Government or Council permission is required case by case, so the other options add requirements the Act does not impose.

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