MA Section 17 : Role of mediator in other proceedings

Explanation using Example

Example 1: Mediator's Role in Subsequent Arbitration

Introduction: Sarah is a certified mediator who facilitated a mediation session between two companies, Alpha Corp and Beta Ltd, regarding a contractual dispute. The mediation did not result in a settlement, and the parties decided to proceed to arbitration.

Application: According to Section 17(a) of The Mediation Act, 2023, Sarah cannot act as an arbitrator or as a representative or counsel for either party in the arbitration proceedings concerning the same dispute.

Outcome: If Sarah attempts to take on the role of arbitrator or represent one of the parties in the arbitration, she would be in violation of Section 17(a). This could lead to the arbitration award being challenged on grounds of conflict of interest and breach of statutory duty.

Conclusion: Compliance with Section 17(a) ensures impartiality and maintains the integrity of both mediation and arbitration processes. Sarah must refrain from participating in the arbitration to avoid legal complications.

Example 2: Mediator as a Witness in Court

Introduction: John, a mediator, facilitated a mediation between ...

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