MA Section 11 : Termination of mandate of mediator

Explanation using Example

Example 1: Conflict of Interest in Mediation

Introduction: Sarah and John are involved in a business dispute and have agreed to mediation to resolve their issues. The mediation service provider appoints Mr. Smith as the mediator. During the mediation process, Sarah discovers that Mr. Smith has previously worked as a consultant for John's company.

Application: According to Section 11, clause (ii) of The Mediation Act, 2023, the mandate of a mediator can be terminated if there is a conflict of interest. Sarah informs the mediation service provider about Mr. Smith's past association with John's company, raising concerns about his impartiality.

Outcome: The mediation service provider conducts a hearing with Mr. Smith to assess the situation. After the hearing, they determine that there is justifiable doubt regarding Mr. Smith's independence. The provider informs both parties of the findings, and Sarah expresses her desire to replace the mediator. Consequently, Mr. Smith's mandate is terminated, and a new mediator is appointed.

Conclusion: This example illustrates how a mediator's past professional relationships can lead to a conflict of interest, necessitating the termination of their mandate to ensure impartiality in the mediation process.

Example 2: Voluntary Withdrawal of a Mediator

Introduction: Emily and Robert are in a family dispute over inheritance and have chosen mediation to settle their differences. The mediation service provider assigns Ms. Johnson as the mediator. Partway through the mediation, Ms. Johnson realizes she has a personal commitment that conflicts with the mediation schedule.

Application: Under Section 11, clause (iii) of The Mediation Act, 2023, a mediator can withdraw from mediation for any reason. Ms. Johnson informs the mediation service provider of her inability to continue due to her personal commitment.

Outcome: The mediation service provider acknowledges Ms. Johnson's withdrawal and promptly appoints a new mediator to ensure the mediation process continues without significant delay. Emily and Robert are informed of the change and agree to proceed with the new mediator.

Conclusion: This scenario demonstrates the provision allowing mediators to withdraw voluntarily, ensuring that personal conflicts do not hinder the mediation process.

Example 3: Party Request for Mediator Termination

Introduction: Alex and Jamie are in a contractual dispute and have opted for mediation. The mediation service provider assigns Mr. Lee as the mediator. During the sessions, Alex feels that Mr. Lee is biased towards Jamie and submits an application to terminate Mr. Lee's mandate.

Application: As per Section 11, clause (i) of The Mediation Act, 2023, a party can request the termination of a mediator's mandate. Alex's application is based on perceived bias, which is a valid ground for such a request.

Outcome: The mediation service provider reviews Alex's application and decides to hold a hearing to assess the allegations of bias. After the hearing, they conclude that there is no substantial evidence of bias. However, to maintain the integrity of the process and considering Alex's discomfort, they decide to replace Mr. Lee with another mediator.

Conclusion: This example highlights the process and considerations involved when a party requests the termination of a mediator's mandate due to perceived bias.