MA Section 43 : Community Mediation
Act
Summary
Section 43 of The Mediation Act, 2023, focuses on community mediation as a means to resolve disputes that may disrupt local peace and harmony. It allows disputes to be settled through mutual consent and requires an application to the relevant authority for mediation. A panel of three community mediators is constituted to facilitate the process, with members selected for their integrity, community standing, and mediation experience. The section also emphasizes the inclusion of diverse representatives, including women, in the mediation panel.
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Explanation using Example
Example 1: Neighborhood Noise Dispute
Introduction: In the residential area of Greenfield, two neighbors, Mr. Smith and Mr. Johnson, are in a dispute over noise levels. Mr. Smith claims that Mr. Johnson's late-night parties are disturbing the peace and tranquility of the neighborhood.
Application: According to Section 43, Sub-section (1) of The Mediation Act, 2023, this dispute is suitable for community mediation as it affects the peace and harmony of the locality. Mr. Smith and Mr. Johnson mutually agree to resolve their issue through community mediation.
Mr. Smith files an application with the District Magistrate as per Section 43, Sub-section (2), requesting the dispute be referred to mediation. The District Magistrate constitutes a panel of three community mediators, as outlined in Sub-section (3).
Outcome: The mediators, including a respected community leader and a representative from the local resident welfare association, facilitate discussions between Mr. Smith and Mr. Johnson. They reach an agreement on acceptable noise levels a...
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