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

Regulations on the manner of conducting mediation come into force on 1 April. A court-annexed mediation under the old court rules began on 10 March and is still pending on 1 April. Under the proviso to the transitory provision, which governs that mediation after 1 April?

The old court rules govern it. The proviso to the transitory provision states that the rules continue to apply in all court-annexed mediation pending on the date the regulations come into force. Since this mediation was pending on 1 April, the new regulations do not displace the rules for it.

  1. AThe new regulations, because they are later in time
  2. BThe old rules, because they continue to apply to court-annexed mediation pending on the date the regulations come into forceCorrect
  3. CWhichever the mediator chooses
  4. DNeither, and the mediation stands terminated

Explanation

The proviso says the existing rules continue to apply in all court-annexed mediation pending on the date of coming into force of the regulations. The mediation was pending on 1 April, so the old rules still govern it. The new regulations apply to later mediations.

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