MA Section 12 : Replacement of mediator

Explanation using Example

Example 1: Replacement of a Mediator in a Non-Institutional Mediation

Introduction: John and Mary are involved in a contractual dispute over a business agreement. They decide to resolve the matter through mediation. They appoint Mr. Smith as their mediator. However, due to unforeseen circumstances, Mr. Smith is unable to continue his role.

Application: According to Section 12(i) of The Mediation Act, 2023, since this is a non-institutional mediation, John and Mary have the right to appoint another mediator within seven days from the termination of Mr. Smith's mandate.

Outcome: John and Mary promptly agree on a new mediator, Ms. Johnson, within the seven-day period. This ensures that their mediation process continues without significant delay. If they had failed to appoint a new mediator within the stipulated time, their mediation process could have been stalled, potentially leading to further legal complications or the need to restart the mediation process.

Conclusion: By adhering to the seven-day requirement, John and Mary maintain the momentum of their mediation process, demonstrating the importance of timely action in legal proceedings.

Example 2: Replacement of a Mediator in an Institutional Mediation

Introduction: A large corporation, XYZ Ltd., is engaged in a dispute with a supplier over the terms of a supply contract. They cho...

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