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

Through community mediation, two families in a Kochi locality sign a written settlement ending a boundary quarrel, authenticated by the community mediators. Under the Mediation Act, 2023, what is the legal position of this settlement?

The settlement serves to maintain peace, harmony and tranquillity among residents but is not enforceable as a judgment or decree of a civil court. Section 44(4) expressly excludes such enforceability for settlements reached through community mediation.

  1. AIt is enforceable as a decree of a civil court automatically
  2. BIt is meant for maintaining peace and harmony in the locality but is not enforceable as a judgment or decree of a civil courtCorrect
  3. CIt is enforceable only as an arbitral award
  4. DIt is invalid unless the Mediation Council of India approves it

Explanation

Section 44(4) states that a settlement under the community mediation chapter serves the purpose of peace, harmony and tranquillity but is not enforceable as a judgment or decree of a civil court. The enforceability options are therefore wrong.

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