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

Which statement about online mediation, including pre-litigation mediation, under the Mediation Act, 2023 is correct?

Online mediation needs the written consent of the parties and must be conducted so that integrity of the proceedings and confidentiality are maintained throughout. It may be held at any stage, and mediation communications online must remain confidential under section 30.

  1. AIt requires the written consent of the parties and must be conducted so that integrity of proceedings and confidentiality are maintainedCorrect
  2. BIt may be held without the consent of the parties if the mediator considers it convenient
  3. CIt is permitted only at the final stage of mediation
  4. DIt is exempt from the confidentiality requirements applicable to physical mediation

Explanation

Section 30(1) permits online mediation at any stage with the written consent of the parties. Section 30(3) and (4) require integrity of proceedings and confidentiality to be ensured at all times, so the other options contradict the text.

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