Chapter V - Mediation
Section 77
Section 77: Duty of mediator to disclose certain facts
Section 77 requires the mediator to disclose interests and circumstances that may cast justifiable doubt on independence or impartiality.
On this page
Need advice on Section 77?
This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
It shall be the duty of the mediator to disclose— (a) any personal, professional or financial interest in the outcome of the consumer dispute; (b) the circumstances which may give rise to a justifiable doubt as to his independence or impartiality; and (c) such other facts as may be specified by regulations.
Introduction
Parties should review the disclosure against past engagements, ownership, professional relationships and the outcome sought, then raise a material concern promptly.
Key takeaways
What the section does
Section 77 requires the mediator to disclose interests and circumstances that may cast justifiable doubt on independence or impartiality.
Operational response
Parties should review the disclosure against past engagements, ownership, professional relationships and the outcome sought, then raise a material concern promptly.
Important boundary
The duty reaches personal, professional and financial interests, plus other prescribed facts. A disclosure is a transparency step; section 78 governs replacement after the Commission considers the information.
When the provision matters
Section 77 requires the mediator to disclose interests and circumstances that may cast justifiable doubt on independence or impartiality.
The duty reaches personal, professional and financial interests, plus other prescribed facts. A disclosure is a transparency step; section 78 governs replacement after the Commission considers the information.
Practical response
Parties should review the disclosure against past engagements, ownership, professional relationships and the outcome sought, then raise a material concern promptly.
Decision points and records
Compare disclosed relationships with procurement, adviser and ownership records.
Do not assume disclosure alone means the mediator has already been replaced.
Example
A proposed mediator previously advised the seller on the product involved. The relationship is disclosed so the Commission can assess whether replacement is appropriate.
Official sources
Practical checklist
Do
- Check disclosed relationships against your own vendor and adviser records.
- Compare disclosed relationships with procurement, adviser and ownership records.
Avoid
- Do not conceal a known conflict while proceeding through mediation.
- Do not assume disclosure alone means the mediator has already been replaced.
Illustrative example
Section 77 in practice
A proposed mediator previously advised the seller on the product involved. The relationship is disclosed so the Commission can assess whether replacement is appropriate.
Identify the statutory trigger
Section 77 requires the mediator to disclose interests and circumstances that may cast justifiable doubt on independence or impartiality.
Preserve the key record
Compare disclosed relationships with procurement, adviser and ownership records.
Apply the limit
The duty reaches personal, professional and financial interests, plus other prescribed facts. A disclosure is a transparency step; section 78 governs replacement after the Commission considers the information.
Outcome
- Parties should review the disclosure against past engagements, ownership, professional relationships and the outcome sought, then raise a material concern promptly.
Glossary
- Consumer mediation cell
- The cell attached to a consumer Commission for the statutory mediation process.
- Impartiality disclosure
- The mediator’s disclosure of interests or circumstances that may cast justifiable doubt on independence.
Frequently asked questions
Must a mediator disclose a financial interest in the result?
Yes. Clause (a) expressly requires disclosure of personal, professional or financial interest in the outcome.
Are professional connections within the disclosure duty?
Yes. Clause (a) includes personal, professional and financial interests in the outcome.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026