MA Section 3 : Definitions
Act
Summary
Section 3 of The Mediation Act, 2023, provides essential definitions crucial for understanding the Act's provisions. It includes terms such as "mediation agreement," which refers to agreements under Section 4, and "mediation communication," encompassing all forms of communication during mediation. The section also defines "online mediation" as per Section 30, and outlines roles like "mediation institute" and "mediation service provider." These definitions form the foundation for interpreting the Act's application and procedures.
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Explanation using Example
Example 1: Mediation Agreement in a Commercial Dispute
Introduction: ABC Corp and XYZ Ltd are two companies involved in a commercial dispute over a breach of contract. Both parties wish to resolve the issue without going to court and decide to enter into a mediation agreement.
Application: According to Section 3(j) of The Mediation Act, 2023, a "mediation agreement" is an agreement referred to in sub-section (1) of section 4. This agreement outlines the terms under which the mediation will occur, including the appointment of a mediator, the scope of the mediation, and confidentiality terms.
Outcome: By entering into a mediation agreement, ABC Corp and XYZ Ltd agree to attempt to resolve their dispute through mediation. If successful, they can avoid the costs and time associated with litigation. If either party fails to comply with the mediation agreement, they may face legal consequences, such as being compelled to participate in mediation or facing penalties for breach of contract.
Conclusion: Compliance with the mediation agreement facilitates a structured and potentially amicable resolution to the dispute, benefiting both parties by saving time and resources.
Example 2: Mediation Communication in a Family Dispute
Introduction: John and Mary are undergoing a divorce and have agreed to mediate their differences regarding child custody and property division. During mediation, various communications occur between them and the mediator.
Application: Section 3(k) of The Mediation Act, 2023 defines "mediation communication" as any communication made during mediation, including spoken words, documents, or information provided. This includes anything said or done during the mediation process...
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