MA Section 6 : Disputes or matters not fit for mediation

Explanation using Example

Example 1: Dispute Over Child Custody

Introduction: John and Mary are undergoing a divorce and are in a heated dispute over the custody of their two children. They are considering mediation to resolve this issue.

Application: According to Section 6(1) of The Mediation Act, 2023, disputes that are not fit for mediation are listed in the First Schedule. However, the provision allows for mediation in disputes related to compoundable matrimonial offences. Since child custody is not a compoundable offence, it would typically not be referred to mediation under this section.

Outcome: The court may decide not to refer the child custody dispute to mediation, as it is not a compoundable offence. Instead, the court will handle the matter directly, ensuring the best interests of the children are prioritized.

Conclusion: In this scenario, compliance with the provision means recognizing that certain family law matters, like child custody, may not be suitable for mediation under the Act, ensuring that the legal process is followed appropriately.

Example 2: Commercial Contract Dispute

Introduction: A dispute arises between two companies, Alpha Corp and Beta Ltd, over a breach of contract. They are considering mediation to resolve the issue.

Application: Section 6(1) of The Mediation Act, 2023, states that disputes listed in the First Schedule are not fit for mediation. However, commercial contract disputes are generally not included in this list, making them eligible f...

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