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

Meridian Textiles Pvt Ltd, Surat, and its supplier in Ludhiana agreed to mediate a payment dispute. The mediation was held in Ahmedabad, and the supplier asks whether the Mediation Act, 2023 can apply to a mediation conducted anywhere in India. Based on the extent clause of the Act, what is the correct position?

The Mediation Act, 2023 extends to the whole of India under its extent clause. It is not restricted to the State where the mediation takes place, and it needs no State adoption, so it covers the Surat-Ludhiana dispute mediated in Ahmedabad.

  1. AThe Act extends to the whole of IndiaCorrect
  2. BThe Act extends only to the State where the mediation is held
  3. CThe Act extends only to Union Territories and metropolitan cities
  4. DThe Act extends only to States that adopt it by resolution

Explanation

Section 1(2) of the Mediation Act, 2023 provides that it shall extend to the whole of India. Its extent is not limited by the place of mediation or by State adoption. The other options invent territorial limits that the Act does not contain.

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