Skip to content

CS Professional · Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

Under Section 16(1) of the Mediation Act, 2023, which of the following falls within the role of a mediator in a dispute between two companies?

A mediator's role is to facilitate voluntary resolution. Section 16(1) of the Mediation Act, 2023 lists assisting parties in identifying issues, advancing better understanding and clarifying priorities, while leaving decisions on claims to the parties. Adjudicating or acting as counsel falls outside that role.

  1. ADeciding the claims on merits and recording a binding award
  2. BAssisting the parties in identifying issues, advancing better understanding and clarifying priorities to facilitate a voluntary resolutionCorrect
  3. CDirecting a party to pay the costs of the other side
  4. DPresenting the dispute before the court as the counsel of the weaker party

Explanation

Section 16(1) casts the mediator as a facilitator who helps parties identify issues, understand each other better and clarify priorities, with the decision remaining the parties' responsibility. Deciding claims is the work of an arbitrator or court. Acting as counsel is barred by Section 17(a) for the same dispute.

Did you get it right without looking?

One question tells you little. A timed set on Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains shows your real accuracy, how long you take and where you lose marks.

Practise Various Modes and Scope of Mediation including Role of Mediation in other ADR DomainsFree diagnostic mock

More Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains questions