MA Section 9 : Preference of parties

Explanation using Example

Example 1: Business Dispute Mediation

Introduction: ABC Corp and XYZ Ltd are involved in a contractual dispute over the delivery of goods. Both parties agree to resolve the matter through mediation.

Application: According to Section 9 of The Mediation Act, 2023, the mediation service provider must consider the suitability of the mediator and the preferences of both parties. ABC Corp prefers a mediator with expertise in international trade, while XYZ Ltd prefers someone with a background in logistics.

Outcome: The mediation service provider reviews its panel of mediators and selects a candidate who has experience in both international trade and logistics, thereby accommodating the preferences of both parties. This ensures a fair and balanced mediation process.

Conclusion: By adhering to Section 9, the mediation service provider facilitates a more effective resolution process, increasing the likelihood of a mutually agreeable outcome. Non-compliance with this provision could lead to dissatisfaction and potential challenges to the mediation process.

Example 2: Family Dispute Mediation

Introduction: John and Mary are undergoing a divorce and have chosen mediation to settle custody arrangemen...

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