MA Schedule : Disputes Not Fit for Mediation

Explanation using Example

Example 1: Disputes Involving Minors

Introduction: Sarah, a 17-year-old, is involved in a dispute over a contract she allegedly entered into for purchasing a car. The seller wants to resolve the matter through mediation.

Application: According to The Mediation Act, 2023, The First Schedule, point 2, disputes involving claims against minors cannot be submitted for mediation. This provision ensures that minors, who may not fully understand the implications of legal agreements, are protected from potentially unfair mediation outcomes.

Outcome: Since Sarah is a minor, the dispute cannot be resolved through mediation. Instead, the matter may need to be addressed through the court system, where a guardian ad litem can represent Sarah's interests.

Conclusion: Compliance with this provision protects minors from being unfairly bound by mediation outcomes. Non-compliance could lead to the mediation agreement being declared void, and legal action may be necessary to resolve the dispute.

Example 2: Criminal Offences

Introduction: John is accused of theft and the victim proposes mediation to settle the matter outside of court.

Application: The Mediation Act, 2023, The First Schedule, point 3, explicitly states that disputes involving prosecution for criminal offences are not suitable for mediation. This is because criminal matters involve public interest and the enforcement of laws, which require formal judicial processes.

Outcome: Since theft is a criminal offence, the case must proceed through the criminal justice system. Mediation ...

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