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Mediation Act

The document outlines a mediation process for resolving disputes between parties who have entered into a contract. It details the steps involved, including the appointment of a mediator, timelines for communication, and conditions for termination of mediation. The process can be initiated voluntarily or through court direction, and includes provisions for extending timelines and challenges to the mediator's mandate.

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Amy Charles
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0% found this document useful (0 votes)
51 views1 page

Mediation Act

The document outlines a mediation process for resolving disputes between parties who have entered into a contract. It details the steps involved, including the appointment of a mediator, timelines for communication, and conditions for termination of mediation. The process can be initiated voluntarily or through court direction, and includes provisions for extending timelines and challenges to the mediator's mandate.

Uploaded by

Amy Charles
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Parties mutually agree

to resolve dispute
through mediation in a
separate contract

Date of Notice
invoking
mediation
Section 14(a)

Parties agree to Dispute arises


resolve any and parties
Parties enter dispute through decide to Agreement by parties
into a contract Mediation invoke (Section 4(1))
(Mediation Mediation
Clause) agreement

1 2 3 4 5 6 8

Dispute arises Mediator Mediator


and parties Application to communicates 120 days
7 Days Appointment discloses Commencement First
decide to Mediation 7 Days from receipt of their willingness Completion of Termination of Mediation
of Mediator conflict of of mediation appearance
approach Service Provider such notification to act as a
May be extended for Mediation (Section 24)
(Section 8) interest, if any (Section 14) before mediator
mediation (Section 8(4)) mediator
(Section 10 (1)) 60 days
service provider (Section 8(5))
(Section 18)

Date of Appointment
of Mediator 6b
(Section 14 (b)(1)) 6a

Pre-Litigation
Parties Mediation directed Non-Settlement
Dispute arises approach court either by courts or Any Party Mediated Report
to resolve their taken up voluntarily pursuant to the 180 days Settlement (Section 21)
dispute (Section 5(1)) disclosure can agreement
replace the Can be extended (Section 19)
mediator after paying fees
(Section 10(4))

b. Date of c. Date of d. Date of


a. Date and
Written Communication Communication
Authentication
In case of Declaration of from parties to from parties to
If not institutional 7a of Mediated
institutional Mediator that mediator that mediator that
mediation, mediation, Mediator settlement
7c further efforts parties wish to parties wish to
application for Parties directly
withdraws agreement
terminate are unjustified opt out opt out
the same should from mediation
be submitted mandate of 7b
Section 10(4(i)) mediator (Section 11(iii)) Registration
Section 10(4(ii))
(Section 20)
90 days Challenge
Extension 90 days (Section 28)
Enforcement
(Section 27)

Termination of
Mandate of
Mediator
(Section 11)

Within 7 Days Within 7 Days

after termination after termination

Replacement
of Mediator
(Section 12)

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