MEDIATION SETTLEMENT AGREEMENT under Section 22 of the MEDIATION ACT 2023:
Answer & Solution
Correct answer: C.
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