Skip to content

CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

Under the Mediation Act, 2023, which statement correctly describes the basic nature of pre-litigation mediation of a civil or commercial dispute (other than commercial disputes of Specified Value)?

Pre-litigation mediation under the Mediation Act, 2023 is voluntary and requires mutual consent. Parties may use it before filing a civil or commercial suit whether or not a mediation agreement exists, so it is neither compulsory nor conditional on a prior agreement.

  1. AParties may voluntarily and with mutual consent attempt it before filing a suit, whether or not a mediation agreement existsCorrect
  2. BIt is compulsory for every civil dispute before a suit can be filed
  3. CIt can be undertaken only if the parties have a prior written mediation agreement
  4. DIt can be started by one party without the consent of the other

Explanation

Section 5(1) says that, whether any mediation agreement exists or not, parties may voluntarily and with mutual consent take steps for pre-litigation mediation before filing a suit. It is therefore neither compulsory nor dependent on a prior agreement, and it needs mutual consent.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Arbitration, Mediation and Conciliation shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to Arbitration, Mediation and ConciliationFree diagnostic mock

More Law relating to Arbitration, Mediation and Conciliation questions