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

Sunrise Mediation Foundation, a private body in Pune, wishes to offer mediation services under the Mediation Act, 2023. Which statement correctly describes how it can qualify as a mediation service provider?

A private body such as Sunrise Mediation Foundation qualifies as a mediation service provider only when the Mediation Council of India recognises it in the specified manner. Legal Services Authorities, court-annexed centres and notified bodies are deemed recognised, but a private organisation must obtain recognition.

  1. AIt must be recognised by the Mediation Council of India in the manner specifiedCorrect
  2. BIt becomes a provider automatically once it empanels any mediator
  3. CIt must be constituted under the Legal Services Authorities Act, 1987
  4. DIt must be a court-annexed mediation centre

Explanation

Under section 40(1)(a), a body or organisation providing for the conduct of mediation under the Act is a mediation service provider if it is recognised by the Council, in the manner specified. Options C and D describe other categories (clauses (b) and (c)) that are deemed recognised, but a private body does not need to fit them. Empanelling a mediator alone does not confer status.

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