Mediation Rules

Mediation Rules

Mediation Rules

Separator

. General Introduction

  1. Application of Rules
  2. Initiation and Commencement of Mediation
  3. Venue and Language of Mediation
  4. Appointment of Mediator/s
  5. Fees and Costs
  6. Representation and Privacy
  7. Conduct of Mediation
  8. Settlement Agreement
  9. Confidentiality
  10. Termination of Mediation
  11. General Provisions
  12. Annexure – I
  13. Annexure – II

 

  1. GENERAL INTRODUCTION
  2. These Rules shall be called the “Centre of Excellence for Mediation and Arbitration (Mediation) Rules”.
  3. Mediation under these Rules is a private, confidential and voluntary process in which a private neutral person/s, known as a Mediator/s, is/are appointed by the Center to facilitate the parties in dispute to endeavor to arrive at a negotiated settlement .
  4. The Center is the sole authority to administer Mediation Proceedings under these Rules.

 

  1. APPLICATION OF RULES
  2. These Mediation Rules (the “Rules”) shall apply to all Mediations administered by and/or referred to the Centre including but not limited to the following :
  3. Where parties in dispute have an agreement in writing, either before or after the dispute arose, which provides for settlement of disputes between the parties under these Rules;
  4. Where the parties in dispute arrives at an agreement in writing, either before or after the dispute arose, which provides for settlement of dispute through Mediation and the parties refer such dispute to the Center;

iii. Where a dispute is referred to the Center by any court of law, any tribunal, forum, statutory or regulatory authority, quasi-judicial body or private organization for settlement under these Rules;

  1. Where a dispute is referred to the Centre by a party where there is no agreement in writing between the parties for settlement of dispute through Mediation.
  2. The parties may modify or waive any provision of these Rules, subject to the confirmation by the Center.

 

  1. INITIATION AND COMMENCEMENT OF MEDIATION

A.i.  In case of Rule 2.A.i and ii., any party or parties to a dispute may initiate mediation by submitting with the Center a written request for mediation pursuant to these Rules in the form as appended herewith at Annexure – I.

  1. The party initiating the mediation shall dispatch a duplicate of the mediation request to all other participating parties, unless said request has been collectively submitted by all parties involved.

iii. Alongwith the request, the party or parties filing the request shall deposit with the Center the filing fees in accordance with the Schedule of fees as appended herewith at Annexure – II. The said Schedule of fees may be revised by the Center from time to time and the party or the parties shall be required to deposit the filing fee in accordance with the Schedule of fees currently in force as on date of submission of the request. Such filing fees shall be paid one time and are non-refundable.

  1. The Center shall acknowledge in writing the receipt of the request and deposit of the filing fees to the parties in Mediation.
  2. The Mediation under these Rules shall be deemed to have been commenced on the date the Center sends to the parties the acknowledgment in writing in terms of Rule iv above.

B.i. Incase of Rule 2.A.iii., any party or parties to a dispute shall submit with the Center a written request for mediation pursuant to these Rules in the form as appended herewith at Annexure – I.

  1. Alongwith the request, the party or parties filing the request shall deposit with the Center the filing fees in accordance with the Schedule of fees as appended herewith at Annexure – II. The said Schedule of fees may be revised by the Center from time to time and the party or the parties shall be required to deposit the filing fee in accordance with the Schedule of fees currently in force as on date of submission of the request. Such filing fees shall be paid one time and are non-refundable.

iii. The Center shall acknowledge in writing the receipt of the request and deposit of the filing fees to the parties in Mediation.

  1. The Mediation under these Rules shall be deemed to have been commenced on the date the Center receives the reference from the court of law, any tribunal, forum, statutory or regulatory authority, quasi-judicial body or private organization.
  2. The Mediation proceedings shall be conducted under these Rules unless the same are contrary to any directions or order of the referring court of law, any tribunal, forum, statutory or regulatory authority or other judicial decisions governing such mediations in India.
  3. In case of Rule 2.A.iv., any party to a dispute may initiate mediation by submitting with the Center a written request for mediation pursuant to these Rules in the form as appended herewith at Annexure – I.
  4. A copy of the request for mediation shall be sent by the party initiating the mediation to all other parties to dispute.

iii. Alongwith the request, the party filing the request shall deposit with the Center the filing fees in accordance with the Schedule of fees as appended herewith at Annexure – II. The said Schedule of fees may be revised by the Center from time to time and the party or the parties shall be required to deposit the filing fee in accordance with the Schedule of fees currently in force as on date of submission of the request. Such filing fees shall be paid one time and are non-refundable.

  1. The Center shall acknowledge in writing the receipt of the request and deposit of the filing fees to the parties in Dispute.
  2. The Center shall make an endeavor to secure the consent of the opposing party or parties involved in the dispute for the resolution of the dispute through mediation, as stipulated in these Rules. If the parties do not come to an accord to resolve their dispute through mediation under these Rules within 30 days from the receipt of the request by the Center, the proceedings shall not be initiated.
  3. In the event the parties agree to settle the dispute through Mediation under these Rules, then Mediation shall commence on the date the parties submits a written confirmation to the Center for settlement of dispute through Mediation under these Rules.
  4. Upon the commencement of Mediation under these Rules, the Parties undertakes not to initiate or proceed further with any judicial proceedings including Arbitration or any similar proceedings with respect to the dispute/s that is or are the subject of Mediation under these Rules.

Provided that a party may initiate a judicial proceedings or any similar proceedings only to protect its rights including  under the Limitation Act or to preserve its right in the interim in the event the dispute/s is or are not settled under these Rules.

 

  1. VENUE AND LANGUAGE OF MEDIATION PROCEEDINGS
  2. i. Unless otherwise agreed by the Parties or the Mediator/s, the venue for holding the physical proceedings of Mediation under these Rules shall be the premises of the Center at Lucknow.
  3. Unless otherwise agreed by the parties, in case of commercial disputes (where the claim and/or counter claim are quantified in terms of money) involving claim and/or counter claim in aggregate, the proceedings under these Rules shall be conducted online. The Center shall make the necessary arrangements including the online platform for conducting the proceedings online.

iii. In all disputes other than the commercial disputes as above, the Parties may agree to conduct the proceedings under these Rules Online and in which case also the Center shall make the necessary arrangements including the online platform for conducting the proceedings online.

  1. In case of exceptional exigencies, the Center may decide to hold the proceedings under these Rules Online and the parties and the Mediator/s shall not object to the said decision of the Center. The Center shall make the necessary arrangements including the online platform for conducting the proceedings online.
  2. Unless otherwise agreed by the Parties or the Mediator/s, the language of conducting the Mediation proceedings under these Rules shall be decided by the Center upon due consideration of the details as disclosed in the written request for Mediation as per Rule 2.

 

  1. APPOINTMENT OF MEDIATOR/S
  2. i. The Parties may jointly nominate a Mediator for conducting the proceedings under these Rules, subject to the confirmation of the Center.
  3. The Parties may nominate a Mediator either from the List of Mediators that may be maintained by the Center or independent of such a panel.
  4. In the event the parties fail to nominate the Mediator under Rule A above, within a period of seven days from the date of commencement of Mediation under Rule 3 or the nominated Mediator is not confirmed by the Center under Rule A above, then the Center shall nominate a Mediator.
  5. The Parties may nominate more than one Mediator, subject to the confirmation of the Center or it may request the Center to appoint more than one Mediator.
  6. The Center may also appoint more than one Mediator in appropriate cases.
  7. When selecting or designating a Mediator or Mediators, the Center will take into account the prospective Mediator’s qualifications, encompassing factors such as nationality, linguistic proficiency, educational background, qualifications, certification, and professional experience. Additionally, the Center will assess the prospective Mediator’s availability and capability to conduct the mediation in compliance with these Rules.
  8. i. Before confirming the appointment, the prospective Mediator/s shall send to the Center a written disclosure in form of a Declaration of his or her independence, impartiality, acceptance and availability and shall also disclose any actual or potential conflict of interest which could raise any objection to his or her impartiality or independence.
  9. The Center shall send a copy of such disclosure of the Mediator/s to the parties within seven days from the date it has received such disclosure.

iii. Any Party may object to the appointment of the Mediator on the basis of the disclosed actual or potential conflict of interest or choose to waive such objection.

  1. The Party shall send to the Center and to the other parties such objection in writing with a valid reason within a period of seven days from the date it received the copy of the disclosure.
  2. Upon receipt of the objection from the Party within the time limit as per Rule iv above, the Center shall appoint another Mediator/s as the case may be within a period of seven days from the date of receipt of such objection.
  3. In the event the party or the parties fails to submit any written objection within the period as per Rule iv. above, then the appointment of the Mediator/s shall be confirmed.

vii. The Center may replace a Mediator/s during the proceedings, in case it deems appropriate  to avoid conflict of interest or in the event such request is received from the Mediator/s or the parties.

viii. Notwithstanding the aforementioned procedure, the Center is vested with the authority to designate a Mediator or Mediators through alternative means if, at its discretion, it deems that the procedure outlined therein is unsuitable for the particular case.

  1. FEES AND COSTS
  2. The party or parties filing a request for mediation shall pay to the Center a one time non-refundable Filing Fee in terms of Schedule of Fees as appended herewith at Annexure – II.

 

  1. Upon commencement of the mediation and request of the Center, all parties shall pay to the Center the amount as requested by the Center to cover Center’s administrative fees, the mediator’s fees and other expenses in terms of Schedule of Fees as appended herewith at Annexure – II.
  2. The Center shall have the authority to stay or terminate the Mediation if the amount of fees as requested above is not paid within fifteen days from the date of request.
  3. After concluding the Mediation process, the Center will determine the overall expenses incurred during the mediation and either refund any surplus payment to the parties or send an invoice for any outstanding amount in accordance with the Rules.
  4. Unless otherwise agreed by the parties and informed to the Center in writing, the parties are responsible for sharing all deposits, fees, and costs determined by the Center equally.
  5. In the event that one party fails to cover their portion, any other party is at liberty to settle the outstanding balance of deposits, fees, and costs.

 

  1. REPRESENTATION AND PRIVACY
  2. The parties shall, within a period of seven days from the commencement of Mediation, submit in writing to the Center, a list of the names of their representatives and advisors attending the mediation and the Center shall send a copy of such list to the Mediator/s.
  3. The Mediation proceedings conducted under these Rules are strictly private. Any person other than the parties and their respective authorized/disclosed representatives may be allowed to attend the proceedings only upon the permission of the parties and consent of the Mediator/s.

 

  1. CONDUCT OF MEDIATION
  2. The Centre, with the consultation of the parties, may provide the following services in order the facilitate the parties to efficiently and diligently conduct mediation under these Rules :
  3. Appointment of Mediator/s
  4. Arranging a suitable venue for in person mediation proceedings or suitable platform for online mediation proceedings

iii. Furnishing administrative and logistical assistance.

  1. Providing Case management services

 

B.i. Within fifteen days of confirmation of appointment of the Mediator/s, the parties shall submit to the Center their respective statement of cases along with supportive documents, if any.

  1. The Center shall send to the Mediator/s such Statements of Cases and documents within a period of seven days from the date it has received it.
  2. Within a period of fifteen days from the date of receipt of Statements of Cases and documents, the Mediator/s and The Parties shall hold the first meeting to decide the manner in which the Mediation will be conducted. Such meetings may be held in person or on telephone or Online through any electronic medium.
  3. In deciding the conduct of mediation, the Mediator/s will consider the case’s circumstances and the preferences of the parties and shall treat them with all fairness and impartiality.
  4. The Mediator/s have the authority to hold both collective and individual sessions with the parties. Upon request, the Mediator/s can provide verbal or written suggestions regarding a suitable resolution for the dispute.
  5. The Mediator/s have the flexibility to interact with the parties through various means, such as verbal discussions, written messages, in-person meetings, electronic communication, or other methods. These interactions may occur jointly or separately, both before and during the planned mediation sessions.
  6. With the prior agreement of the parties, the Mediator/s are permitted to seek expert advice or support for technical issues. The costs associated with this assistance will be the responsibility of the parties.
  7. All parties to Mediation shall act in good faith throughout the Mediation Proceedings.
  8. The Mediator/s and the parties shall endeavour to settle the dispute by signing the Settlement Agreement within a period of one hundred and twenty days from the date of commencement.

Provided that  this time period can be extended for a further period of sixty days with the consent of parties.

 

  1. SETTLEMENT AGREEMENT
  2. Any settlement of dispute/s that may be arrived at between the parties during the course of Mediation under these Rules shall be reduced in writing in form of a Settlement Agreement and shall be signed by or on behalf of the parties and the Mediator/s and upon signing such Settlement Agreement shall become binding upon the parties and enforceable in law.
  3. Where any Settlement Agreement in terms of Rule A above has been reached, the Mediator/s shall promptly notify in writing the Center of the same and provide the Center with a copy of such agreement.

 

  1. CONFIDENTIALITY
  2. Unless otherwise agreed by the parties or under any applicable law:
  3. The fact about Mediation and the proceedings thereof conducted under these Rules are Private and Confidential and
  4. Any Settlement Agreement that may have been reached between the parties under these Rules shall not be disclosed except for the purpose of its implementation or enforcement.
  5. All communications, information, records, reports, proposals, offers, suggestions, admissions, submissions or documents including but not limited to Settlement Agreement shall not be disclosed in any judicial proceedings including Arbitration or such similar proceedings, except as may be required under the applicable law.
  6. Each person involved in the mediation, including the Mediator/s, the parties and their representatives and advisors, any independent experts and any other persons present during the Mediation Proceedings, shall be bound to adhere to the confidentiality of the mediation process. They are not allowed to use or share any information related to or obtained during the mediation with third parties unless there is a different agreement in place with the parties and the Mediator/s. Each such individual is required to sign a suitable confidentiality commitment before participating in the mediation.
  7. No official transcript or formal documentation of the Mediation will be maintained, except when it is essential for recording the Settlement Agreement.

 

  1. TERMINATION OF MEDIATION

The mediation commenced pursuant to these Rules shall terminate upon happening of any of the following events:

  1. A party that provides written notification of their withdrawal to the Center, the Mediator/s, and the remaining parties.
  2. The Mediator/s giving written notice to the Center and the parties that it is not possible to settle the dispute/s between the parties through Mediation;
  3. The Center notifies the parties in writing that the Mediation’s designated time limit, along with any extensions, has lapsed.
  4. The Center sending written notification to the parties when one or more parties have not made a payment as required by the Rules, and this payment is overdue by more than fifteen days from the scheduled due date;
  5. The Mediator/s giving a written notice to the Center with the consent of the parties that the Mediation Proceedings has been completed; or
  6. The parties arriving at a written Settlement Agreement of their dispute/s in terms of these Rules.

 

  1. GENERAL PROVISIONS
  2. Neither the Center, its employees/staff/representatives nor the Mediator/s shall be held liable for any act or omission in connection with or arising out of or relating in any manner to any Mediation conducted under these Rules save and except for fraud or willful misconduct.
  3. Unless otherwise agreed by the parties agree in writing or required under the applicable law, the Mediator/s shall not give any testimony in any Judicial, Arbitral or similar proceedings with respect to any dispute/s that is/are the subject matter of Mediation under these Rules.
  4. The parties agree and undertake that the Mediator/s appointed under these Rules shall not be appointed as Adjudicator, Arbitrator, Counsel, expert witness of any party nor shall be appointed to represent any party in any capacity whatsoever in any subsequent judicial, arbitral or similar proceedings arising out of Mediation or in respect of the dispute/s that was/were the subject matter of Mediation under these Rules or any other dispute arising out of the same contract.

 

Annexure – I

Mediation Request Form

  1. Contact details of the Requesting Party:

Name

Contact number

Mailing Address

Email Address

 

  1. Contact details of the Lawyer/Counsel/legal Representative of the Requesting Party:

Name

Contact number

Mailing Address

Email Address

 

  1. Contact details of the Responding Party:

Name

Contact number

Mailing Address

Email Address

 

  1. Contact details of the Lawyer/Counsel/legal Representative of the Responding Party:

Name

Contact number

Mailing Address

Email Address

 

  1. Brief Details of Nature of Dispute

 

  1. Amount of Claim and/or Counter Claim of the Dispute

 

  1. Agreement to Mediate the Dispute (choose whichever is applicable)

 

  1. The Parties have agreed to refer their dispute to Mediation under these Rules of the Centre and the copy of the agreement is attached with this form.
  2. The Parties have agreed to refer their dispute to Mediation under these Rules of the Centre but do not have a written agreement for the same.
  • The Parties are referred by the Court to mediate their dispute under these Rules of the Centre.

 

  1. Declaration

 

I hereby declare that the information given by me as above is true and correct.

______________                                                            ____________

Sign of the Requesting Party                                       Date

Annexure-II

Schedule of Fees

(for each party)

 

  1. Filing Fees (non-refundable) – Rs. 30,000/-
  2. Administrative Fees – Rs. 40,000/-
  3. Hearing Room hiring including refreshments (per session of 3 hrs.)– as notified on the website

 

  1. Mediator/s fees – at actual as decided by the Mediator/s