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

Regarding the relationship of the Mediation Act, 2023 with mediation or conciliation provisions in other laws, which statement is correct?

The Mediation Act overrides inconsistent provisions in other laws on the conduct of mediation or conciliation, but subject to the enactments listed in the Second Schedule. The Central Government may amend that Schedule by notification when necessary or expedient.

  1. AThe Act overrides inconsistent provisions in other laws, subject to the enactments in the Second ScheduleCorrect
  2. BThe Act yields to every other law that provides for mediation or conciliation
  3. CThe Act overrides other laws without any exception
  4. DThe Central Government cannot amend the Second Schedule once the Act is in force

Explanation

The Act has overriding effect for the conduct of mediation or conciliation, notwithstanding inconsistent provisions in other laws, but this is subject to the enactments in the Second Schedule. The Central Government may amend the Second Schedule by notification if it considers it necessary or expedient.

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