MA Section 21 : Non-settlement report

Explanation using Example

Example 1: Institutional Mediation Non-Settlement

Introduction: Sarah and John are involved in a contractual dispute over a business agreement. They decide to resolve their issues through institutional mediation with a recognized mediation service provider.

Application: According to Section 21 of The Mediation Act, 2023, if no agreement is reached within the time frame specified in Section 18, or if the mediator believes no settlement is possible, a non-settlement report must be submitted. In this case, after several sessions, the mediator concludes that a settlement is unlikely. Therefore, the mediator submits a non-settlement report to the mediation service provider in writing, as required by Section 21(i).

Outcome: The non-settlement report does not disclose the reasons for the failure to settle or any conduct during the mediation, ensuring confidentiality as mandated by the provision. This allows Sarah and John to pursue other legal remedies without prejudice from the mediation process.

Conclusion: Compliance with Section 21 ensures that the mediation process is concluded formally and confidentially, allowing the parties to seek alternative dispute resolution methods or litigation if necessary.

Example 2: Non-Institutional Mediation Non-Settlement

Introduction: Emily and Mark are neighbors involve...

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