MEDIATION SETTLEMENT AGREEMENT under Section 22 of the MEDIATION ACT 2023:
Aonly suggestion (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22)
Bnon-binding (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22)
CFINAL and BINDING; enforceable in the same manner as if it were a JUDGMENT or DECREE passed by a court — making mediation outcomes ENFORCEABLE without need for further court approval
Donly advisory (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22) (cf. Mediation Act 2023, Section 22)
Answer & Solution
Correct answer: C. FINAL and BINDING; enforceable in the same manner as if it were a JUDGMENT or DECREE passed by a court — making mediation outcomes ENFORCEABLE without need for further court approval
1. Section 22 Mediation Act 2023: MEDIATION SETTLEMENT AGREEMENT (MSA) shall be:
2. (1) FINAL and BINDING on the parties.
3. (2) ENFORCED in the same manner as if it were a JUDGMENT or DECREE passed by a court.
4. (3) FORM: in writing, signed by parties, authenticated by mediator.
5. PROCEDURE for enforcement:
6. (i) Court of competent jurisdiction — same as if it were a decree;
7. (ii) Section 27 — confidentiality of mediation proceedings;
8. (iii) Section 28 — limited grounds for challenge (fraud, impersonation, corruption, etc.).
9. The provision MAKES MEDIATION OUTCOMES EFFICIENTLY ENFORCEABLE — addressing previous concerns about mediation's binding force.
10. India is a SIGNATORY (not yet ratified) to the SINGAPORE CONVENTION ON INTERNATIONAL SETTLEMENT AGREEMENTS RESULTING FROM MEDIATION 2018 — which provides for cross-border enforcement of mediated settlement agreements.
11. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Mediation Act 2023, Section 22_
Related questions
In SBP & Co. v. PATEL ENGINEERING LTD (2005) 8 SCC 618, the Supreme Court held that the JUSection 28 Arbitration Act 1996 specifies APPLICABLE LAW:Section 39 Arbitration Act 1996 grants the arbitral tribunal LIEN on the:INTERIM AWARD under Arbitration Act 1996:Section 38 Arbitration Act 1996 (DEPOSITS) requires parties to:DOMESTIC ARBITRATION versus INTERNATIONAL COMMERCIAL ARBITRATION:Section 21 Arbitration Act 1996 defines COMMENCEMENT OF ARBITRATION as:Section 43 Arbitration Act 1996 (LIMITATION) provides that the period of LIMITATION ACT 19