MA Section 1 : Short title, extent and commencement

Explanation using Example

Example 1: Commercial Dispute Resolution through Mediation

Introduction: ABC Corp, a manufacturing company, has a contractual dispute with XYZ Ltd, a supplier, over delayed deliveries and payment terms. Both parties wish to resolve the issue without going to court.

Application: Under The Mediation Act, 2023, particularly focusing on promoting institutional mediation, ABC Corp and XYZ Ltd decide to engage in mediation facilitated by a recognized mediation institution. This aligns with the Act's aim to promote mediation as a cost-effective and efficient dispute resolution method.

Outcome: The mediation process results in a mutually agreed settlement, which is then documented as a mediated settlement agreement. According to the Act, this agreement is enforceable, providing both parties with a legally binding resolution without the need for litigation.

Conclusion: By opting for mediation, both companies save time and resources, maintaining their business relationship. Non-compliance with the mediated settlement could lead to enforcement actions as per the Act's provisions.

Example 2: Community Mediation for Neighborhood Dispute

Introduction: Residents of Green Valley Apartments are in conflict over the use of common parking spaces. The dispute has escalated, affecting community harmony.

Application: The Mediation Act, 2023 encourages community mediation to resolve such disputes. The residents decide to use community mediation services to addres...

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