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CS Professional · Arbitration, Mediation and Conciliation · International and Emerging Aspects under Mediation Law

Ramesh and Sunita, neighbours in a housing colony in Pune, have a dispute over use of a common lane that threatens peace in the locality. They want it settled by community mediation. Where should an application for referral be made under the Mediation Act, 2023?

The application is made to the concerned Legal Services Authority under the 1987 Act, or to the District Magistrate or Sub-Divisional Magistrate in areas without such an Authority, because section 43(2) designates these bodies to refer community disputes to mediation.

  1. ABefore the Mediation Council of India
  2. BBefore the concerned Authority under the Legal Services Authorities Act, 1987, or the District Magistrate or Sub-Divisional Magistrate where no such Authority existsCorrect
  3. CBefore the National Company Law Tribunal
  4. DDirectly before a mediation service provider chosen by the parties

Explanation

Section 43(2) says any party applies to the concerned Legal Services Authority, or to the District Magistrate or Sub-Divisional Magistrate where no such Authority has been constituted. The Council and mediation service providers are not the designated recipients for community mediation applications.

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