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...

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