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

Two neighbouring residents' groups in a Pune housing locality, one led by Mr. Kulkarni and the other by Ms. Deshmukh, are in a dispute over use of a common lane that threatens peace and harmony in the locality. They want to resolve it by community mediation. Before the dispute can be settled through community mediation, what is required under the Mediation Act, 2023?

Prior mutual consent of the parties is required. The Mediation Act, 2023 allows a dispute likely to affect peace, harmony and tranquillity among residents of a locality to go to community mediation only with the parties' prior mutual consent, not a court order or Government approval.

  1. APrior mutual consent of the parties to the disputeCorrect
  2. BAn order of the High Court referring the dispute
  3. CRegistration of both groups with the Mediation Council of India
  4. DWritten approval of the Central Government

Explanation

Section 43(1) says a dispute likely to affect peace, harmony and tranquillity among residents or families of a locality may be settled through community mediation with prior mutual consent of the parties. No court order, Council registration or Central Government approval is required.

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