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

Who specifies the manner of the process of conducting online mediation referred to in Section 30(2) of the Mediation Act, 2023?

The manner of conducting online mediation is specified by regulations made by the Council, with the previous approval of the Central Government. Section 52(2)(g) expressly lists it among regulation-making matters under Section 30(2), so neither the court nor the individual mediator prescribes it.

  1. ABy regulations made by the Council with the previous approval of the Central GovernmentCorrect
  2. BBy rules made by the Central Government under its rule-making power relating to Members' salaries
  3. CBy the mediator in each case, without any prescribed framework
  4. DBy the High Court of the state where the mediation is held

Explanation

Section 30(2) says the process shall be in such manner as may be specified. Section 52(2)(g) lists the manner of conducting online mediation as a matter for regulations, which the Council makes with the previous approval of the Central Government. The Section 51 rules do not cover it.

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