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CS Professional · Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

Sundaram Mediation Forum is a private body that wants to offer institutional mediation under the Mediation Act, 2023. Separately, a district court-annexed mediation centre also offers mediation. Which statement about their status as mediation service providers is correct?

A private body offering mediation must be recognised by the Council to be a mediation service provider. Court-annexed mediation centres, Legal Services Authorities and bodies notified by the Central Government are deemed to be recognised by the Council, so they need no separate recognition.

  1. ABoth need recognition by the Council in the same manner as private bodies
  2. BThe private body must be recognised by the Council, while a court-annexed mediation centre is deemed a recognised mediation service providerCorrect
  3. CNeither is a mediation service provider unless notified by the Central Government
  4. DOnly the court-annexed centre is a mediation service provider; private bodies cannot be

Explanation

Section 40(1)(a) covers a body providing mediation that is recognised by the Council. Clauses (b), (c) and (d), including court-annexed centres, are deemed recognised by the Council under the proviso. So the private body needs recognition, the court-annexed centre does not.

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