MA Section 8 : Appointment of mediator

Explanation using Example

Example 1: Appointment of a Foreign Mediator

Introduction: John and Sarah, two business partners from different countries, are in a dispute over a contract. They decide to resolve their issue through mediation. John suggests appointing a mediator from his home country, who is known for expertise in international business disputes.

Application: According to Section 8(1) of The Mediation Act, 2023, a person of any nationality can be appointed as a mediator, provided that a mediator of foreign nationality must have the qualifications, experience, and accreditation specified by the Act. John and Sarah agree on the mediator's qualifications and proceed with the appointment.

Outcome: The mediator, who meets the specified qualifications, is appointed, and the mediation process begins. If the mediator did not meet the qualifications, the appointment could be challenged, potentially delaying the mediation process.

Conclusion: Compliance with the qualification requirements for foreign mediators ensures a smooth mediation process and avoids legal challenges that could arise from appointing an unqualified mediator.

Example 2: Disagreement on Mediator Appointment

Introduction: Em...

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