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

Tara Foods wants to resist enforcement of a mediated settlement agreement. Which ground is available to challenge it under the Mediation Act, 2023?

A mediated settlement agreement can be challenged only for fraud, corruption, impersonation, or because the mediation concerned a dispute not fit for mediation under section 6. Unfavourable terms or a change of mind are not grounds for challenge.

  1. AThe settlement terms were commercially unfavourable to Tara Foods
  2. BThe mediator was not a subject expert
  3. CThe mediation was conducted in a dispute not fit for mediation under section 6Correct
  4. DA party changed its mind after signing but before authentication

Explanation

Section 28(2) limits challenge to fraud, corruption, impersonation, and mediation in disputes or matters not fit for mediation under section 6. An unfavourable bargain, lack of expertise or a change of mind is not a ground.

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