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

Section 55 of the Mediation Act, 2023 deals with the relationship between that Act and mediation or conciliation provisions found in other laws. Which statement correctly reflects it?

The Mediation Act, 2023 has overriding effect for the conduct of mediation or conciliation over any inconsistent law or instrument having force of law, but this is subject to the enactments listed in its Second Schedule.

  1. AThe Mediation Act gives way to every other law that contains a mediation or conciliation provision
  2. BThe Mediation Act overrides inconsistent laws for conduct of mediation or conciliation, subject to the enactments listed in the Second ScheduleCorrect
  3. CThe Mediation Act overrides other laws only in respect of court-annexed mediation
  4. DThe Mediation Act applies only if the other law expressly adopts it

Explanation

Section 55(1) gives the Act overriding effect for conduct of mediation or conciliation despite inconsistent provisions in other laws or instruments having force of law. The override is subject to the enactments mentioned in the Second Schedule. The option saying it yields to all other laws reverses the rule.

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