Target Exam

CUET

Subject

Legal Studies

Chapter

Arbitration, Tribunal Adjudication and Alternate Dispute resolution

Question:

Identify the correct statement:

A. Arbitration and Mediation are confidential in nature.
B. Arbitral Award is enforced as Judgement of the Court.
C. Mediation settlement cannot be challenged.
D. Mediation cannot be coupled with Arbitration.
E. The difference between Mediator and Conciliator is the role of neutral party.

Choose the correct answer from the options given below:

Options:

A, B, C, D only

A, B, E only

E only

A, B, D only

Correct Answer:

A, B, E only

Explanation:

The correct answer is Option (2) → A, B, E only

Here's a breakdown of the correct statements:

A. Arbitration and Mediation are confidential in nature: Both arbitration and mediation proceedings are generally confidential, meaning that the discussions and proceedings are not publicly disclosed. This helps to maintain privacy and facilitate open communication between the parties.

B. Arbitral Award is enforced as Judgement of the Court: An arbitral award is legally binding and can be enforced by the court. This means that if a party fails to comply with the award, the other party can seek the court's help to enforce it.

E. The difference between Mediator and Conciliator is the role of neutral party: While both mediators and conciliators act as neutral third parties, their roles can differ slightly. Mediators generally play a more active role in facilitating communication and suggesting solutions, while conciliators may take a more passive approach, allowing the parties to reach their own agreement.

However, the following statements are incorrect:

C. Mediation settlement cannot be challenged: False.While mediation settlements are generally final and binding, they can be challenged in certain circumstances. The outcome of mediation does not have similar binding like an arbitral award. However, though non-binding, these resolution agreements may be incorporated into a legally binding contract, which is binding on the parties who execute the contract. 

D. Mediation cannot be coupled with Arbitration: False. Mediation has sometimes been utilized to good effect when coupled with arbitration, particularly binding arbitration, in a process called 'mediation/arbitration'. The process begins as a standard mediation, but if mediation fails, the mediator becomes an arbiter.