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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

Meridian Traders and Kaveri Exports wish to attempt pre-litigation mediation of a civil dispute. Which of the following persons, unless the parties agree otherwise, may conduct it under the Mediation Act, 2023?

A mediator empanelled by an Authority under the Legal Services Authorities Act, 1987 may conduct it. Section 5(3) allows mediators registered with the Council or empanelled by a court-annexed centre, a Legal Services Authority or a recognised mediation service provider, unless the parties agree otherwise.

  1. AA mediator empanelled by an Authority constituted under the Legal Services Authorities Act, 1987Correct
  2. BAny retired judge chosen by one party alone
  3. CA mediator appointed by the opposite party's counsel
  4. DAny registered company secretary, without any registration or empanelment

Explanation

Section 5(3) lists the mediators who shall conduct pre-litigation mediation: registered with the Council, empanelled by a court-annexed mediation centre, empanelled by a Legal Services Authority, or empanelled by a recognised mediation service provider. The other options fit none of these categories.

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