MA Section 16 : Role of Mediator

Explanation using Example

Example 1: Workplace Dispute Mediation

Introduction: Sarah and John are employees at a tech company. They have a dispute over project responsibilities, which has escalated to affect team productivity. Their manager suggests mediation to resolve the issue.

Application: According to Section 16(1) of The Mediation Act, 2023, the mediator's role is to facilitate a voluntary resolution. The mediator meets with Sarah and John separately to understand their perspectives and then together to discuss the issues. The mediator helps them identify key issues, clarify their priorities, and explore potential solutions.

Outcome: The mediator emphasizes, as per Section 16(2), that they are not there to impose a solution but to assist in the dialogue. Sarah and John agree on a new division of responsibilities that satisfies both parties. The mediation process helps them reach a mutual agreement without any imposed settlement.

Conclusion: Compliance with the mediator's role as outlined in the act ensures that the resolution is voluntary and satisfactory to both parties, improving workplace harmony.

Example 2: Family Dispute Over Inheritance

Introduction: Two ...

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