MA Section 52 : Power to make regulations

Act

Summary

Section 52 of The Mediation Act, 2023 grants the Council the authority to formulate regulations with the Central Government's approval. These regulations ensure the effective implementation of the Act's provisions, covering areas such as mediator qualifications, mediation proceedings, and the registration of settlement agreements. The section outlines specific areas where regulations may be established, including online mediation processes and the roles of mediation service providers.

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Explanation using Example

Example 1: Establishing Mediation Guidelines

Introduction: The National Mediation Council, a statutory body under the Mediation Act, 2023, is tasked with creating guidelines for mediation practices across the country. The Council aims to ensure that mediators follow a standardized process to maintain fairness and consistency in mediation sessions.

Application: According to Section 52(1) of the Mediation Act, 2023, the Council, with the approval of the Central Government, can make regulations to carry out the provisions of the Act. In this scenario, the Council drafts regulations that outline the qualifications required for mediators, the code of conduct they must adhere to, and the procedural steps for conducting mediation sessions.

Outcome: Once the regulations are approved and notified, mediators across the country must comply with these new standards. Non-compliance could lead to sanctions such as suspension ...

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