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CS Professional · Arbitration, Mediation and Conciliation · International and Emerging Aspects under Mediation Law

Sunrise Textiles Pvt Ltd and Mr. Verma agree to mediate a supply dispute. After the first session has begun in person, they wish to move the remaining sessions to video conferencing. Under the Mediation Act, 2023, what is the position?

Online mediation can be conducted at any stage with the written consent of the parties. The Act expressly permits video or audio conferencing, encrypted email and secure chat rooms, and it is not limited to pre-litigation mediation or to a particular stage.

  1. AOnline mediation can be conducted at any stage of mediation, with the written consent of the partiesCorrect
  2. BOnline mediation is allowed only before the first in-person session
  3. COnline mediation needs the permission of the Mediation Council in every case
  4. DOnline mediation is allowed only for pre-litigation mediation

Explanation

Section 30(1) permits online mediation, including pre-litigation mediation, at any stage of mediation with the written consent of the parties, including by video or audio conferencing. The option limiting it to pre-litigation or to before the first session is wrong, and no Council permission is mentioned.

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