MA Section 30 : Online Mediation
Act
Summary
Section 30 of The Mediation Act, 2023, addresses online mediation, including pre-litigation mediation, which can occur at any mediation stage with parties' consent. It allows the use of electronic forms and secure communication methods, ensuring integrity and confidentiality throughout the process. The section mandates that the conduct of online mediation maintains confidentiality and integrity, with mediators taking necessary steps to uphold these principles.
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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 ...
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