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

Which statement about the relationship between Section 55 and Section 6 of the Mediation Act, 2023 is correct?

Section 55 makes the Act prevail over inconsistent other laws for the conduct of mediation, but it does not dilute the Act's own bar in Section 6(1). Disputes in the First Schedule remain unfit for mediation under the Act, subject to the provisos.

  1. ASection 55 allows mediation of matters in the First Schedule where another law permits it
  2. BSection 55 overrides Section 6, so any dispute can be mediated under the Act
  3. CSection 55 concerns the conduct of mediation and conciliation and does not remove the bar in Section 6(1) on mediating matters in the First ScheduleCorrect
  4. DSection 6 applies only to international mediation

Explanation

Section 55 gives overriding effect to the Act's provisions for the conduct of mediation or conciliation over other laws. It does not override the Act's own Section 6(1), under which mediation under the Act is not conducted for matters in the First Schedule, subject to the court-referral provisos.

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