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CS Professional · Arbitration, Mediation and Conciliation · Mediation: An Introduction and its Process along with Rules

Two parties, Sundaram Textiles Ltd and Kaveri Dyes Pvt Ltd, are in mediation. The mediator wants to hold a private session with Kaveri Dyes alone to understand its real concerns, and later another one with Sundaram Textiles alone. Under Section 15, what is the position?

The mediator may meet the parties jointly or separately as frequently as he considers fit, both to convene the mediation and during it, to keep the process orderly, timely and its integrity intact. No outside permission or cap on separate meetings is required.

  1. ASeparate meetings are barred; all sessions must be joint
  2. BSeparate meetings are allowed only with a Tribunal's permission
  3. CThe mediator may meet the parties jointly or separately, as frequently as deemed fitCorrect
  4. DSeparate meetings are allowed only once with each party

Explanation

Section 15(4) lets the mediator take appropriate measures, including meeting parties or participants jointly or separately, as frequently as the mediator deems fit. No permission or numerical cap applies. Hence the private sessions are permissible.

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