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

Sundaram Textiles and Kaveri Dyes are in mediation over a payment dispute. The mediator asks Kaveri Dyes to meet him alone for a short discussion between joint sessions. Kaveri's counsel objects that all meetings must be joint. Under Section 15 of the Mediation Act, 2023, what is the position?

The objection fails. Section 15(4) allows the mediator to meet parties jointly or separately, as often as he considers fit, both to convene the mediation and during it, to keep the process orderly, timely and with integrity. No consent of the other side or cap applies.

  1. AThe mediator may meet the parties jointly or separately, as frequently as he deems fit, to convene and conduct the mediation in an orderly and timely wayCorrect
  2. BSeparate meetings are allowed only if Sundaram Textiles gives written consent
  3. CSeparate meetings are allowed only once during the mediation
  4. DSeparate meetings are barred because the mediator must remain neutral

Explanation

Section 15(4) lets the mediator take appropriate measures, including meeting parties or participants jointly or separately as frequently as he deems fit, to convene the mediation and ensure its orderly, timely conduct and integrity. No consent of the other party or limit on the number of meetings is required. Neutrality is not compromised by separate meetings.

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