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

The Mediation Council of India plans three actions: (1) laying down standards for professional and ethical conduct of mediators; (2) laying down standards for professional and ethical conduct of mediation institutes and service providers; (3) calling for records from a recognised mediation institute. Considering Section 38, which statement is correct?

All three actions fall within the Council's functions. Section 38(f) covers ethical standards for mediators, 38(l) covers standards for institutes and service providers, and 38(k) allows the Council to call for information or records from them. None is reserved to courts or service providers.

  1. AOnly action (1) falls within the Council's functions
  2. BOnly actions (1) and (2) fall within the Council's functions; calling for records is reserved for courts
  3. CAll three actions fall within the Council's functions under Section 38Correct
  4. DActions (2) and (3) are permitted, but ethical standards for mediators must be set by service providers

Explanation

Section 38(f) covers ethical standards for mediators, 38(l) covers standards for institutes and service providers, and 38(k) lets the Council call for information or records from institutes and service providers. All three actions are therefore within the Council's functions, and no option reserving any of them to courts or providers is supported.

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