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

Zenith Mediation Services Pvt. Ltd., a Bengaluru-based mediation service provider, wants official acknowledgement of its status under the Mediation Act, 2023. It also wants to know which authority can later suspend or cancel that acknowledgement. Under Section 38, which body has this power?

The Mediation Council of India has this power. Under Section 38(i), it recognises mediation institutes and mediation service providers and may renew, withdraw, suspend or cancel that recognition. The Act gives this role to no court, ministry or individual officer.

  1. AThe Mediation Council of India, which can recognise mediation service providers and renew, withdraw, suspend or cancel recognitionCorrect
  2. BThe Chief Executive Officer of the Council acting alone, as Member-Secretary
  3. CThe High Court of Karnataka, on an application by any party to a mediation
  4. DThe Ministry of Finance through its Department of Expenditure

Explanation

Section 38(i) makes the Council responsible for recognising mediation institutes and mediation service providers and for renewing, withdrawing, suspending or cancelling that recognition. The Act gives no such power to the CEO acting alone, to a High Court or to the Finance Ministry.

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