1. On receipt of the written consent of the parties for mediation referred to in section 37, the District Commission, the State Commission or the National Commission, as the case may be, shall within five days of such receipt, nominate a mediator from the panel of mediators maintained by its consumer mediation cell.
2. Where the District Commission, the State Commission or the National Commission, as the case may be, while nominating the mediator under sub-section (1) shall, as far as possible, take into account the choice, if any, of the parties.