Mr. Salman and Ms. Ria, who met via mutual marriage broker namely Mr. Nikah. Families of both Mr. Salman and Ms. Ria were preparing for their upcoming wedding, the invitation cards were printed, dates were decided, hotel
CS Professional · Arbitration, Mediation and Conciliation · PYQS · June 2025
Mr. Salman and Ms. Ria, who met via mutual marriage broker namely Mr. Nikah. Families of both Mr. Salman and Ms. Ria were preparing for their upcoming wedding, the invitation cards were printed, dates were decided, hotels were paid advance money and what not, everything seemed to be going smoothly until disagreements arose over the financial responsibilities for the wedding festivities, specifically for the ring ceremony and the main wedding event. As tensions escalated and a resolution seemed elusive, rumours spread that Ria's family was considering finding another match for her daughter. This threat of breaking off the relationship escalated the conflict, leading both parties towards a costly and emotionally draining breakup. Not only would they have to invest more resources in finding new matches, but all the preparations made for the wedding would go to waste. Thereupon, Mr. Nikah was being asked by both the parties to find someone new for them since they had a truce with their previous match. At this, Mr. Nikah introduced Mr. X, an expert in mediation and conciliation matters with both the parties to arrive at some settlement. Mr. X acted as a neutral third party; brings both sides together for a facilitated discussion. Initially, ego and unresolved grievances hinder progress, and the impasse remains unchanged. However, Mr. X didn't give up. Recognizing the need for separate conversations to uncover underlying concerns, one day Mr. X meets with Salman's family privately and a day after with Ria's family. With a deeper understanding of each side's perspective, Mr. X requests both the families to meet again and have a constructive dialogue. After hours of discussion, facilitated by Mr. X insights and interventions, a breakthrough occurs. Both families agree on a compromise: the bride's family will cover the expenses of the ring ceremony, while the groom's family will handle the main wedding function. In the background of the above, answer the following: (b) When a court can disqualify a mediator ?
Answer & Explanation:
Disqualifications in Court Annexed Mediation A person will be disqualified from appointment as mediator if: any person who has been adjudged insolvent or is of unsound mind; any person against whom criminal charges involving moral turpitude have been framed by a criminal court and are pending; any persons who has been convicted by a criminal court for any offence involving moral turpitude; any person against whom disciplinary proceedings have been initiated by the competent authority or who has been punished in such proceedings; such other categories of persons as may be notified by the High Court; any person who is interested or connected with the subject-matter of dispute or is related to any one of the parties or to those who represent them, unless such objection is waived by all the parties in writing; any legal practitioner who has or is appearing for any of the parties in the suit or in other suit or proceedings. In accordance with Delhi High Court Mediation - Rule 7, when a person is contacted regarding his potential appointment as a mediator or conciliator, he is required to inform the parties in writing of any circumstances that would give rise to a reasonable doubt about his independence or impartiality. After being appointed as a mediator or conciliator, if such a factor emerges, it must be immediately notified to the parties in writing. The rules also provide that while appointing mediator/ conciliator the Court concerned shall ensure that the person to be appointed is not interested or connected with the subject matter of the dispute and is not related to any of the parties or to those who represent them. However, the parties shall be free to waive such objection in writing. While choosing a mediator or conciliator, the court in question must make sure the candidate has no stake in or connection to the dispute and is unrelated to any of the parties or the legal counsel for them. The parties may, however, expressly waive such objection in writing. In view of the above, the court can disqualify a mediator according to these ground.
Topics: Mediation
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