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

Ritu Exports Ltd and Sahay Traders Pvt Ltd began mediation with a first appearance on 10 January. The mediator has been seeking more time, but only Ritu Exports agrees to an extension while Sahay Traders objects. Under Section 18, what is the position?

The extension cannot be made, because Section 18(2) allows extension only as agreed by the parties. One party's consent while the other objects is not agreement, and neither the mediator nor the Council has power to extend the period on its own.

  1. AThe mediator alone may extend by up to 60 days
  2. BThe extension needs agreement of the parties, so it cannot be made over Sahay Traders' objectionCorrect
  3. CRitu Exports may extend by 60 days as the party seeking continuation
  4. DThe Mediation Council automatically extends by 60 days

Explanation

Section 18(2) permits extension only for a further period as agreed by the parties. A single party's consent is not agreement, and the Act gives no power to the mediator or any body to extend unilaterally.

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