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

Ravi, a mediator, is handling a dispute between Meera Foods and Orient Packaging. Meera Foods suggests English; Orient Packaging prefers Hindi. Ravi, finding English more convenient, announces that English will be used and Orient must manage. Which statement is correct under Section 15?

The mediator must determine the language or languages of the mediation with the consent of the parties. Ravi cannot impose English unilaterally over one party's objection; he should seek agreement, possibly on more than one language.

  1. ARavi's decision is valid because the mediator alone fixes the language
  2. BThe language is fixed by the Council for every mediation
  3. CRavi's decision is improper; the language or languages must be determined by the mediator with the consent of the partiesCorrect
  4. DThe language must always be the one used in the mediation agreement's governing law

Explanation

Section 15(6) says the mediator, with the consent of the parties, determines the language or languages. A unilateral decision ignoring Orient's consent departs from this. The mediator may agree on more than one language.

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