MA Section 1 : Short title, extent and commencement
Act
Summary
Section 1 of The Mediation Act, 2023, outlines the short title, extent, and commencement of the Act. It specifies that the Act may be referred to as the Mediation Act, 2023, and extends to the entire country of India. The commencement of the Act is subject to notification by the Central Government, allowing for different provisions to come into force on different dates as appointed.
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Explanation using Example
Example 1: Application of the Mediation Act, 2023 in a Business Dispute
Introduction: Raj and Simran are business partners in a tech startup based in Bangalore, India. They have a disagreement over the distribution of profits and decide to resolve the issue through mediation.
Application: According to Section 1, Sub-section (2) of the Mediation Act, 2023, the Act extends to the whole of India. This means that Raj and Simran can utilize the provisions of this Act to mediate their dispute in Bangalore. They must wait for the Central Government to notify the commencement date of the relevant provisions as per Section 1, Sub-section (3).
Outcome: Once the Act is in force, Raj and Simran can engage a certified mediator to facilitate discussions and help them reach a mutually agreeable solution. If they fail to comply with the mediation process, they may have to resort to more costly and time-consuming litigation.
Conclusion: By opting for mediation under the Mediation Act, 2023, Raj and Simran can potentially resolve their dispute amicably and efficiently, avoiding the adversarial nature of court proceedings.
Example 2: Mediation in a Family Dispute
Introduction: Anjali and Rohit, a married couple residing in Delhi, are considering divorc...
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