MA Section 13 : Territorial jurisdiction to undertake mediation

Explanation using Example

Example 1: Mediation within Territorial Jurisdiction

Introduction: John and Mary, business partners in a tech startup based in New York, have a dispute over the distribution of profits. They decide to resolve their issue through mediation.

Application: According to Section 13 of The Mediation Act, 2023, the mediation should be conducted within the territorial jurisdiction of the court or tribunal that would have jurisdiction over the dispute. Since their business is based in New York, the mediation should ideally occur within the jurisdiction of the New York courts.

Outcome: By conducting the mediation within the appropriate jurisdiction, any mediated settlement agreement can be easily enforced or challenged in the New York courts. Non-compliance with this provision could lead to complications in enforcing the agreement.

Conclusion: Compliance ensures that the mediated settlement is recognized by the court, facilitating enforcement and reducing potential legal challenges.

Example 2: Online Mediation with Mutual Consent

Introduction: Sarah, residing in California, and Tom, residing in Texas, have a contractual dispute. They prefer to resolve their issue through mediation but find it inconvenient to travel.

Application: Section 13 of The Mediation Act, 2023, allows mediation to be conducted online with mutual consent. Sarah and Tom agree to an online mediation session, which is permissible under the Act.

*Outc...

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