MA Section 27 : Enforcement of Mediated Settlement Agreement

Explanation using Example

Example 1: Business Dispute Resolution

Introduction: ABC Corp and XYZ Ltd, two companies engaged in a business partnership, encounter a dispute over the terms of their contract. They decide to resolve the issue through mediation rather than going to court.

Application: During the mediation process, both parties agree on a settlement, which is then documented in a mediated settlement agreement. This agreement is signed by both parties and authenticated by the mediator, as required by Section 27(1) of The Mediation Act, 2023.

Outcome: The mediated settlement agreement is now final and binding on both ABC Corp and XYZ Ltd. If either party fails to comply with the terms, the other party can enforce the agreement as per Section 27(2), using the provisions of the Code of Civil Procedure, 1908, as if it were a court judgment. This means they can seek enforcement through legal proceedings if necessary.

Conclusion: By adhering to the mediation process and ensuring the agreement is properly signed and authenticated, both companies avoid lengthy court battles and ensure a legally binding resolution to their dispute.

Example 2: Family Dispute Resolution

Introduction: John and Mary, a married coup...

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