Chhattisgarh Mediation Rules 2015
These rules shall be called th Chhattisgarh Mediation Rules, 2015
Function of the Mediation Center:
1. To maintian a panel of trained Mediators sufficient in number to meet the requirement of work referref to the Mediation Center
2. On receipt of the matter by way of referral for mediation, the co-ordinator of the Mediation Center may assign the matter to any mediator who is best suited to deal with the matter from the panel of mediators maintained by the Mediation Center
3. The Mediation shall not be limited only to the issues in the referred dispute and the Mediator may take into account the disputes between the parties to a case which are not the subject of the pending litigation, and may resolve all disputes between parties.
4. During the mediation, counsel for the parties may also participate in the mediation process.
5. In appropriate cases, the Mediation Center may invite any person/persons, other than those who are invloved in the pending litigation to join the Mediation for the purpose of finding comprehensive and complete solutions including an expert pertaining to any field.
6. If any party to the dispute referred to Mediation nas any objection to the mediator assigned to it, the said party shall inform the Mediation Center of the same and thereafter the Co-ordinator, Mediation Center shall endeavour to appoint a Mediator who may be acceptable to all the parties.
Disqualification fo persons.
The following persons shall be deemed to be disqualified for being empanelled as mediators:
1. any person who has been adjudged as insolvent or persons
a) against whom criminal charges involving moral turpitude are framed by a criminal court and are pending; or
b) persons who have been convicted bya criminal court for any offence involving moral turpitude.
2. any person against whom disciplinary proceedings have been initiated by the appropriate disciplinary authority which are pending or have resulted in a punishment.
3. any person who is interested or connected with the subject matter of disputes 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.
4. Any legal practitioner who has or is appearing for any of the parties in the suit or in other proceedings.
Duty of mediator to disclose sertian facts
1. When a person is approached in connection with his proposed appointment as mediator, he shall discolse any circumstances likely to give rise to a reasonable doubt as to his independence or impartiality.
2. Ever mediator shall from the time of his appointment and throughout continuance of the mediation proceedings, without any delay, disclose o the parties, about the existence of any circumstances refered to in Clauses(1).
Mediation Process
1. All Civil and Criminal compoundable matters may be referred to mediation during the course of litigation, by the court.
2. The mediation process will comprise of reference as well as the steps taken by the mediator to facilitate the settlement of a referred matter by following the structure usually followed, including but not limited to introduction and opening statement, joint session, seperate sessions and closing.
3. Failure to arrive at a settlement would not preclude the Court from making fresh reference of the matter for mediation.
4. In case of failure of resolution of the referred dispute, the Mediator shall inform the Mediation Center, by a report and the Co-ordinator of the Mediation Center shall inform regarding the same to the Court.
Mediator not bound by Indian Evidence Act, 1872 or Code of Civil Procedure, 1908
1. The mediator shall not be bound by the Code of Civil Procedures, 1908 or the Indian Evidence Act, 1872, but shall be guided by the principles of fairness and justice, having regard to the rights and obligations of the parties, usage of trade, if any, and the circumstances of the disputes.
Representation of Parties:
The parties shall ordinarily be present personally or through constituted attorney at the sessions notified by the Mediator. They may also be represented by a counsel with permission of the mediator in such sessions.
Consequences of non attendance of parties at sessions on due dates
1. If a party fails to attend a session notified by the mediator on account of delibrate or wilful act, the other party or mediator can apply to the Court in which the suit or proceeding is pending, in that case Court may issue the appropriate directions having regard to the facts and circumstances of the case
Role of Mediator
1. The mediators shall attempt to facilitate voluntary resolution of the disputes by the parties. He shall assist them in understanding the problems, identifying the underlying issues, reducing mis-understandings, generating the options and developing option which are mutually acceptable to both the parties.
Parties alone responsible for taking decision
1. The parties shall be made to understand that the mediator only facilitates in arriving at a decision to reslove disputes and that he will not and cannot impose any settlement nor does the mediator give any assurance that the mediation will result in a settlement. the mediator shall not impose any decision on the parties.
Time limit for completion of mediation
1. On the expiry of Ninty days from the date fixed for the first appearance of the parties before the mediator, the mediation shall stand terminated, unless the Court, which referred the matter, eith suo moto, or upon request by any of the parties, and upon hearing all the parties, is of the view that extension of time is necessary or may be useful; but such extension shall not be beyond a further period of thirty days.
Parties to act in good faith
1. All the parties shall commit to participate in the proceedings in good faith with the intention to settle the disputes, if possible.
Confidentiality, disclosure and inadmissibility of information
1. When a mediator receives factual, information concerning the dispute from any party, he shall disclose the substance of that information to the other party, so that the other party may have an opportunity to present such explaination as it may consider appropriate. Provided that, when a party gives information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose the information to the other party.
2. Receipt or perusal of any document by the mediator or receipt of information orally by the mediator while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge information regarding the document or record or oral information nor as to what transpired during the mediation.
3. Parties shall maintain confedentiality in respect of events that transpired during the mediation and shall not rely on or introduce the said information in any proceeding as to:-
a) views expressed by a party in the course of the mediation proceedings
b) documents produced during the mediation which were expressly required to be treated as confidential or other notes or drafts or information given by the parties to the mediators.
c) proposal made or views expressed by the mediator
d) admission made by a party in the course of mediation proceeding
e) the fact that a party had or had not indicated willingness to accept a proposal
4. There shall be no stenographic or audio or video recording of the mediation for his personal use.
5. A mediator may maintain personal record regarding progress of the mediation for his personal use.
Privacy
1. The mediation sessions shall be conducted in complete privacy; only the concerned parties or their counsels of power of attorney holders can attend, other persons may attend only with the consent of the parties and permission of the mediator.
Immunity
1. No mediator shall be held liable for anything bonefidely done or omitted to be done by him during the mediation proceedings for civil or criminal action nor shall he be summoned by any party to the suit or proceeding to appear in a Court of Law to testify in regard to information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation proceedings.
Communication between mediator anc the Court
1. In order to preserve the confidence of parties in the court and the neutrality of the mediator, there should be no communication between the mediator and the Court, except as stated in sub-rules[2] and [3] of the Rule.
2. If any communication between the mediator and the Court is necessary, it shall be in writing and copies of the same shall be given to the parties or their constituted attorneys or the counsel.
3. All communication between the mediator and the Court shall be made only by the mediator and in respect of the following matters:
a) the failure of a party or parties to attend; or
b) the mediator’s assessment that the case is not suited for settlement through mediation; or
c) settlement of dispute or disputes arrived at between parties.
Settlement agreement
1. Where an agreement is reached between the parties with regard to all the issues in the suit or proceeding or some of the issues, the same shall be reduced to writing and signed by the parties or their constituted attorney. If any counsel has represented the parties, the mediator may obtain his signature also on the settlement agreement.
a) The agreement of the parties so signed shall be submitted to the Co-ordinator, Mediation Center, who shall with a covering letter signed by him forward the same to the Court in which the suit or proceeding is pending.
b) Where no agreement is arrived at between the parties or where the mediator is of the view that no settlement is possible, he shall report the same in writing to the Co-ordinator, Mediation Center, who shall with a covering letter signed by him forward the same to the Court in which the suit or proceeding is pending
Court to record settlement and pass decree
1. On receipt of settlement agreement, if the Court is satisfied that the parties have settled their disputes voluntarily, the Court may pass appropriate order/decree on the basis of settlement, if the same is not found collusive / illegal / unworkable. However if the settlement disposed of only certain issues arising in the matter, the Court may record settlement is respect of the issues settled in themediation and may proceed to decide other issue which are not settled. Settlement between the parties shall be final in respect of the proceedings pending before the Court.
Ethics and code of conduct for mediator
The Mediator shall follow and observe these Rules strictly and with due diligence
1. Not indulge in conduct unbecoming of a mediator
2. uphold the integrity and fairness of the mediation process.
3. Ensure that the parties involved in the mediation are fairly informed and have an adequate understanding of the procedural aspects of the mediation process.
4. While communicating with the parties avoid any impropriety or appearance of impropriety.
5. The mediator must aviod mediating in cases where they ahve direct personal, professional or financial interest in the outcome of the dispute. If the mediator has any indirect interest, he is bound to disclose to the parties such indirect interest at the earliest opportunity and he shall not mediate in the case unless the parties specifically agree to accept him as mediator, despite such indirect interest.
6. Where the mediator is an advocate, he shall not appear for any of the parties in respect of the dispute which he had mediated.
7. Mediators have a duty to know the limits of their competence and ability in order to avoid taking on assignments which they are not equipped to handle.
8. Mediators have a duty to remain neutral throughout the mediation.
9. Mediators must respect the voluntary nature of mediation and must recognize the rights of the parties to withdraw from the mediation at any stage.
10. Mediation being confidential in nature, a mediator shall be faithful to the confidentiality reposed in him.
11. Mediator has a duty to encourage the parties to make their own decisions both individually and collectively about the resolution of the dispute, rather than imposing his own ideas on the parties. Self determination is the essence of the mediation process.
12. Settlement of dispute must be based on informed consent.
13. Conduct all proceeding relating to the resolution of dispute in accordance with the law
14. Mediator must refrain from promises or guarantee of results.