MA Section 30 : Online Mediation

Explanation using Example

Example 1: Business Dispute Resolution through Online Mediation

Introduction: ABC Corp and XYZ Ltd, two companies based in different cities, are in a contractual dispute over the delivery of goods. Both parties are interested in resolving the issue without going to court and agree to try online mediation.

Application: According to Section 30(1) of The Mediation Act, 2023, online mediation can be conducted with the written consent of both parties. ABC Corp and XYZ Ltd provide their consent via email, agreeing to use a secure video conferencing platform for the mediation sessions.

Outcome: The mediator ensures that the online mediation process maintains confidentiality and integrity, as required by Section 30(3). The mediator uses encrypted video conferencing tools to prevent unauthorized access. The mediation sessions proceed smoothly, and the parties reach a mutually agreeable settlement.

Conclusion: By complying with the provisions of Section 30, the parties successfully resolve their dispute through online mediation, saving time and legal costs. Non-compliance with confidentiality requirements could have led to legal challenges or the invalidation of the mediation process.

Example 2: Family Dispute Mediation with Special Circumstances

Introduction: John and Mary, a separated couple, are in a dispute over child custody arrangements. Due to John's work commitments overseas, they opt for online mediation to resolve their issues.

Application: Section 30(1) allows for online mediation with the written consent of both parties. John and Mary agree to use a secure chat room for their mediation sessions. The mediator ensures that the process adheres to the confidentiality requirements outlined in Section 30(4).

Outcome: The mediator takes steps to ensure that both parties have equal access to the mediation process, accommodating John's time zone differences. The mediator also ensures that all communications are encrypted to maintain confidentiality. The mediation results in a satisfactory custody arrangement for both parties.

Conclusion: The successful mediation demonstrates the flexibility of online mediation under The Mediation Act, 2023, allowing parties with special circumstances to participate effectively. Failure to maintain confidentiality could have resulted in a breach of trust and potential legal repercussions.

Example 3: Cross-Border Commercial Mediation

Introduction: A European company, EuroTech, and an Indian company, Bharat Innovations, are in a dispute over a technology licensing agreement. They decide to use online mediation to resolve the issue due to geographical constraints.

Application: As per Section 30(1), online mediation can be conducted with the parties' consent. Both companies agree to use a secure electronic mail service for exchanging documents and a video conferencing platform for discussions.

Outcome: The mediator ensures that all communications are encrypted and secure, maintaining the confidentiality required by Section 30(4). The mediation process is conducted in a manner that respects the legal frameworks of both jurisdictions, leading to a successful resolution.

Conclusion: The mediation process highlights the importance of maintaining confidentiality and integrity in online mediation, as stipulated by The Mediation Act, 2023. Non-compliance could have led to legal challenges or the invalidation of the mediation agreement.