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

Rohan and Meera, partners in a Pune firm, dispute accounts and engage Mr. Iyer, who helps them talk through the issues but has no power to decide the matter for them. Under the Mediation Act, 2023, which feature makes this a 'mediation'?

It is mediation because the parties try to settle amicably with the help of a third person who has no authority to impose a settlement. The name used is irrelevant, and the mediator need not be a judge.

  1. AThe third person can impose a binding settlement if talks fail
  2. BThe parties attempt an amicable settlement with the help of a third person who cannot impose a settlementCorrect
  3. CThe process must be called 'mediation' and no other name
  4. DThe third person must be a retired judge

Explanation

Section 3(h) defines mediation as a process where parties try to reach an amicable settlement with the assistance of a mediator who has no authority to impose a settlement. The label used is not decisive, since the definition covers pre-litigation, online, community mediation and conciliation. Option A describes adjudication, not mediation.

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