Mediation Rules
Procedure of Mediation / Conciliation
1. The parties may agree on the procedure to be followed by the Mediator / Conciliator in the conduct of the Mediation / Conciliation proceedings
2. Where the parties do not agree on any particular procedure to be followed by the Mediator / Conciliator, the Mediator / Conciliator shall follow the procedure hereinafter mentioned, namely:-
a) He shall fix in consultation with the parties, a time schedule the dates and the time of each mediation/Conciliation session, where all the parties have to be present;
b) he shall hold the mediation / conciliation at any nconvenient location agreeable to him and the parties as he may determine
c) he may conduct joint or seperate meetings with the parties
d) each party shall ten days before a session provide to the Mediator / Conciliator a brief memorandum setting forth the issues, which according to it, need to be resolved, and its position in respect of those issues and all information reasonably required for the Mediator / Conciliator to understand the issues such memoranda shall also be mutually exchanged between the parties;
e) each party shall furnish to the Mediator / Conciliator such other information as may be required by him in connection with the issues to be solved
3. where there is more than on Mediator / Conciliator the Mediator / Conciliator nominated by each party shall first confer with the party that nominated him and shall thereafter interact with the other Mediator / Conciliator with a view to resolve the disputes.
Mediator / Conciliator not bund by Evidence Act, 1872 or Code of Civil Procedure, 1908
1. The Mediator / Conciliator shall not be bound by the provisions of Evidence Act, 1872 or Code of Civil Procedure, 1908, but shall be guided by the principles of fairness and justice having regard to the rights and obligations of the parties, usages of trade, if any and the circumstances of the dispute.
Non attendance of parties at sessions or meetings on due dates
1. The parties shall be present personally or through their counsel or power of attorney holders at the meetings or sessions notified by the Mediator / Conciliator.
2. If a party fails to attend a session or a meeting notified by the Mediator / Conciliator other parties or the Mediator / Conciliator can apply to the Court in which the suit is filed, to issue appropriate drections to that party to attend before the Mediator / Conciliator and if the Court finds that such party is absenting himself before the Mediator / Conciliator without sufficient cause, the Court may take action against the said party by imposition of costs or by taking action for contempt.
Administrative Assistance:
1. In order to facilitate the conduct of Mediation / Conciliation proceedings, the parties or the Mediator / Conciliator with the consent of the parties may arrange for administrative assistance by a suitable institution or person.
Offer of Settlement by the Parties
1. Any party to the suit may, without prejudice to the rights of either party, offer a settlement to the other party at any stage of the proceedings with notice to the Mediator / Conciliator
Role of Mediator / Conciliator
1. The Mediator / Conciliator shall attempt to facilitate voluntary resolution of the dispute by the parties and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to solve the dispute, emphasizing that it is the responsibility of the parties to take decision which affect them. However he shall not impose terms of settlement on the parties.
Parties alone responsible for taking decision
1. The parties must understand that the Mediator / Conciliator only facilitates in arriving at a decision to reslove disputes and that he will not and cannot impose any settlement nor does the Mediator / Conciliator give any warranty that the Mediation / Conciliation will result in a settlement.
Time Limit for completion of Mediation / Conciliation
1. On the expiry of ninety days from the date fixed for the first appearance of the parties before the Mediator / Conciliator the Mediator / Conciliator shall stand terminated, unless the Court which referred the matter either suo moto or upon request by any of the parties and upon hearing all the parties is of the view that extension is necessary or may be useful then he may extend the time but such extension shall not be beyond a further period of thirty days.
Parties to act in good faith
1. All the parties shall participate in the Mediation / Conciliation proceedings in good faith with the intension to settle the dispute.
Confidentiality, Disclosure and Indamissibility of Information
1. When a Mediator / Conciliator receives 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 explanation as it may consider appropriate; provided that, when a party gives information to the Mediator / Conciliator subject to a specific condition that it be kept confidential, the Mediator / Conciliator shall not disclose that information to the other party.
2. Receipt or perusal, perparation of records, reports or other documents by the Mediator / Conciliator, while serving in that capacity, shall be confidential and the Mediator / Conciliator shall not be competed to divulage information regarding those documents nor as to what transpired during the Mediation / Conciliation.
3. Parties shall maintain confidentiality in respect of events that transpired during Mediation / Conciliation and shall not rely on or introduce the said information in any other proceedings as to:
a) views expressed by a party in the course of the Mediation / Conciliation proceedings
b) documents obtained during the Mediation / Conciliation which were expressly required to be treated as confidential or notes, drafts or information given by parties or Mediator / Conciliator
c) proposals made or views expressed by the Mediator / Conciliator
d) admission made by a party in the course of Mediation / Conciliation proceedings
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/ Counciliation proceedings.
Privacy
1. Mediation / Conciliation sessions and meetings are private. Only the concerned parties or their counsel or power of attorney holders can attend. Other persons may attend only with the consent of the parties and with the permission of the Mediator / Conciliator
Immunity
1. No Mediator / Conciliator shall be held liable for anything bonafide done or to be done by him during the Mediation / Conciliation proceedings for Civil or Criminal action not shall he be summoned by any party to the suit 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 / Conciliation proceedings.
Communication between Mediator / Conciliator and the Court
a. In order to preserve the confidence of the parties in the Court and neutrality of the Mediator / Conciliator, there shall be no communication between the Mediator / Conciliator and the Court, except as stated in clasue (b) and (c) of this Rule.
b. In any communication between the Mediator / Conciliator and the Court is necessary, it shall be in writing and copies of the same shall be given to the parties or their counsel or power of attorney holder.
c. Communication between the Mediator / Conciliator and the Court shall be limited to communication by the Mediator / Conciliator
i) with the Court about the failure of party to attend
ii) with the Court with the consent of the parties
iii) regarding his assessment that the case is not suitable for settlement through Mediation / Conciliation
iv) that the parties have settled the dispute or disputes.
Settlement Agreement
1. Where an agreement is reached between the parties in regard to all the issues in the suit or some of the issues, the same shall be reduced into writing and signed by the parties or their power of attorney holders. If any counsel have represented the parties, they shall attest the signatures of their respective clients.
2. The agreement of the parties so signed and attested shall be submitted to the Mediator / Conciliator sho shall, with a covering letter signed by him, forward the same to the Court in which the suit is pending
3. Where no agreement is arrived at between the parties, before the time limit specified in Rule or where the Mediator / Conciliator is of the vioew that no settlement is possible, he shall report the same to the Court in writing.
Court to fix a date for recording settlement and passing decree
1. Within seven days of the receipt of a settlement, the Court shall issue notice to the parties fixing a date for their appearance which date shall not be beyond 14 days from the date of receipt of the settlement and the Court shall then take the settlement on record.
2. Thereafter the Court shall pass a decree in accordance with the settlement, so taken on record, if the same disposes of all the issues in the suit.
3. If the settlement disposes of only certain issues arising in the suit, the Court shall take on record the settlement on the date fixed and shall include the terms of the said settlement in the judgement, while deciding the other issues.
Ethics to be followed by Mediator / Conciliator
The Mediator / Conciliator shall:
1. follow and observe these Rules strictly and with due diligence;
not carry on any activity or conduct which could reasonably be considered as conduct unbecomming of a Mediator / Conciliator
uphold the integrity and fairness of the Mediation / Conciliation process
ensure that the parties invloved in the mediation / conciliation are fairly informed and have an adequate understanding of the procedural aspects of the process
satisfy himself/herself that he/she is qualified to undertake to complete the assigment in a professional manner
Disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias
Avoid while communicating with the parties any impropriety or appearance of impropriety
Be faithful to the relationship of trust and confidentiality reposed in the office of Mediator / Conciliator
Conduct all proceedings related to the resolution of a dispute, in accordance with the applicable law
Recognize that mediation / Conciliation is baased on principles of self-determination by the parties and that Mediation / Conciliation process relies upon the ability of parties to reach a voluntary, undisclosed agreement.
Maintain the reasonable expectations of the parties as to confidentiality
Refrain from promises or guarantees of results