MEDIATION RULES - 2015
Mediation Rules - 2015
Rule 1: Title
These Rules shall be called the Mediation Rules, 2015
Rule 2 : Function of the Mediation Centre :
[1] To maintain a panel of trained Mediators sufficient in number to
meet the requirement of work referred to the Mediation Centre.
[3] On receipt of the matter by way of referral for mediation, the
Co-ordinator of the Mediation Centre 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 Centre.
[4] 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
the parties.
[5] During the mediation, counsel for the parties may also participate
in the mediation process.
[6] In appropriate cases, the Mediation Centre may invite any
person/ persons, other then those who are involved in the
pending litigation to join the Mediation for the purpose of
finding comprehensive and complete solutions including an
expert pertaining to any field.
[7] If any party to the dispute referred to Mediation has any objection
to the mediator assigned to it, the said party shall inform the
Mediation Centre of the same and thereafter the Co-ordinator,
Mediation Centre shall endeavour to appoint a Mediator who
may be acceptable to all the parties.
Rule 3: Appointment of Mediator
a) In a Court annexed mediation, the coordinator of the mediation
centre shall appoint the mediator as he may deem fit.
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b) in exceptional cases, the Court may also appoint a mediator who
is not necessarily from the panel of Mediators referred to in Rule
4 nor bear the qualifications referred to in Rule 5 but should not
be a person who suffers from the disqualifications referred to in
Rule 6.
Rule 4. Panel of Mediators.
a) The High Court shall empanel only those persons as mediators
who have necessary qualifications as indicated in Rule 5 and a
list of such mediators empanelled with the mediation centre
should be prepared.
b) The District Court shall also prepare a panel of qualified
Mediators with the approval of the High Court Mediation
Committee.
All the mediators as appointed under clause (a) and Clause (b)
shall normally be on the panel for a period of 3 years from the
date of appointment and further extension of their tenure shall
be at the discretion of High Court Mediation Committee.
Rule 5 : Qualifications of persons to be empanelled under Rule 3 :
The following persons are eligible for training as Mediators:
(a) (i) Retired Judges of the Supreme Court of India,
(ii) Retired Judges of the High Court;
(iii) Retired District and Sessions Judges or retired Judges of the
Courts of equivalent status.
(iv) Judicial Officers of Higher Judical Service.
(b) Legal practitioners with atleast 10 years’ standing at the bar at
the level of the Supreme Court or the High Court or the District
Court or equivalent status;
(c) Experts or other professionals with at least fifteen years’
standing; or retired senior bureaucrats or retired senior
executives;
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Rule 6: Disqualification of persons.
The following persons shall be deemed to be disqualified for being
empanelled as mediators:
(a) any person who has been adjudged as insolvent or persons
(i) against whom criminal charges involving moral turpitude
are framed by a criminal court and are pending; or
(ii) persons who have been convicted by a criminal court for
any offence involving moral turpitude.
(b) any person against whom disciplinary proceedings have been
initiated by the appropriate disciplinary authority which are
pending or have resulted in a punishment.
(c) any person who is interested or connected with the subject-
matter of dispute (s) 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.
(d) any legal practitioner who has or is appearing for any of the
parties in the suit or in other proceedings (s).
Rule 7 : Addition to or deletion from panel.
There shall be periodical assessment of the performance of the
mediators. The High Court or the District & Sessions Judge with
prior approval of the High Court Mediation Committee, may in its/
his discretion, from time to time, add or delete any person in the
panel of mediators.
Rule 8 : Preference.
The Coordinator shall, while nominating any person from the
panel of mediators referred to in Rule 3, consider his suitability for
resolving the dispute (s) involved and shall give preference to those
who have proven record of successful mediation or who have special
qualification or experience in mediation.
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Nomination to a mediation proceeding shall not be perceived as a
right by mediators. Such nomination shall be at the discretion of the
Coordinator of the Mediation Centre.
Rule 9 : Duty of mediator to disclose certain facts.
(a) When a person is approached in connection with his proposed
appointment as mediator, he shall disclose any circumstance
likely to give rise to a reasonable doubt as to his independence
or impartiality.
(b) Every Mediator shall from the time of his appointment and
throughout continuance of the mediation proceedings, without
delay, disclose to the parties, about the existence of any
circumstance referred to in Clause (a).
Rule 10 : Withdrawal of appointment.
Upon information furnished by the mediator under Rule 9 or upon any
other information received from the parties or other persons, if the
Court, in which the suit or proceeding is pending or the coordinator
of the Mediation Centre, is satisfied, that the said information has
raised a reasonable doubt as to the mediator’s independence or
impartiality, it/he may withdraw the appointment and replace him
by another mediator.
Rule 11 : Mediation process.
a) All civil and criminal compoundable matters may be referred to
mediation during the course of litigation, by the Court.
b) 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, separate session(s) and closing.
c) failure to arrive at a settlement would not preclude the Court
from making fresh reference of the matter for mediation.
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d) In case of failure of resolution of the referred dispute, the
Mediator shall inform the Mediation Centre, by a report and the
Co-ordinator of the Mediation Centre shall inform regarding the
same to the Court.
Rule 12 : Mediator not bound by Indian Evidence Act, 1872 or Code
of Civil Procedure, 1908.
The mediator shall not be bound by the Code of Civil Procedure, 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, usages of trade, if any, and the circumstances of the
dispute(s).
Rule 13 : 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.
Rule 14:Consequences of non-attendance of parties at sessions on
due dates.
If a party fails to attend a session notified by the mediator on account
of deliberate or wilful act, the other party or the 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.
Rule 15 : Administrative assistance.
In order to facilitate the conduct of mediation proceedings, the
parties, or the mediator with the consent of the parties, may arrange
for administrative assistance by a suitable institution or person.
Rule 16 : Role of Mediator.
The mediators shall attempt to facilitate voluntary resolution of
the dispute(s) by the parties. He shall assist them in understanding
the problems, identifying the underlying issues, reducing mis-
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understandings, generating the options and developing option
which are mutually acceptable to both the parties.
Rule 17 : Parties alone responsible for taking decision.
The parties shall be made to understand that the mediator only
facilitates in arriving at a decision to resolve dispute(s) 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.
Rule 18 : Time limit for completion of mediation.
On the expiry of Ninety 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, either
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.
Rule 19 : Parties to act in good faith
All the parties shall commit to participate in the proceedings in good
faith with the intention to settle the dispute (s), if possible.
Rule 20. 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 explanation 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
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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 confidentiality 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
proceeding;
[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 proceedings.
[5] A mediator may maintain personal record regarding progress of
the mediation for his personal use.
Rule 21 : Privacy :
The mediation sessions shall be conducted in complete privacy ; only
the concerned parties or their counsels or power of attorney holders
can attend, other persons may attend only with the consent of the
parties and permission of the mediator.
Rule 22 : Immunity :
No mediator shall be held liable for anything bonafidely 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
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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.
Rule 23 : Communication between mediator and 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 this 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 die case is not suited for
settlement through mediation; or
[c] settlement of dispute or disputes arrived at between
parties.
Rule 24 : Settlement agreement:
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.
[1] The agreement of the parties so signed shall be submitted to the
Co-ordinator, Mediation Centre, who shall, with a covering letter
signed by him forward the same to the Court in which the suit or
proceeding is pending.
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[2] 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
Centre, who shall, with a covering letter signed by him forward
the same to the Court in which the suit or proceeding is pending.
Rule 25 : Court to record settlement and pass decree :
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 in respect of the issues settled in the mediation 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.
Rule 26 : Fee of the Mediators
a) the mediators shall be paid honorarium as under :
S.No Nature of case Honorarium
Rs.3000/- per case
On settlement through mediation
[with two or more
of a matrimonial case [including
1 connected cases, the
criminal], custody, guardianship,
maximum would be
probate, partition and possession.
Rs.4000/-]
Rs. 2000/- per case
[with two or more
2 All other matters. connected cases, the
maximum would be
Rs.3000/-]
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Rs.500/- per case
subject to a maximum of
3 Connected case Rs.1000/-[regardless
of the number of
connected cases]
4 In case of no settlement No honorarium
It is subject to revision from time to time as deemed fit by the
Hon’ble Chairman and Members of MCPC.
b) However, in exceptional cases the Court may fix consolidated
amount as fee of the Court nominated mediator/Mediators.
c) Each party shall bear the cost for production of their witnesses
and experts, as also for production of documents.
Rule 27. 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 avoid mediating in cases where they have
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 die
earliest opportunity and he shall not mediate in the case unless
the parties specifically agree to accept him as mediator, despite
such indirect interest.
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(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.
Rule 28. Consequences of breach of Rule 27 :
It shall, be open to the Coordinator to take such action with
the approval of the High Court Mediation Committee as may be
appropriate if the mediator violates any code of conduct expressed
in Rule 27 or behaves in a manner not expected of him as a Mediator”.
qqq
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Capsule Curriculum
“Concept & Techniques of Mediation”
Day - 1 (10.00 AM - 5.00 PM)
Time Sessions Study Topic
10.00 AM to Session-I Conflict Management and Resolution
11.30 AM 1. Perception
2. Conflict : Definition, Causes
3. Management & Resolution
Role Play - I
(Savitri V Lokesh Chander)
11.45 AM to Session-II Mediation : Definition Components
1.00 PM Difference between mediation and judicial process
Difference between mediation and Arbitration
Difference between mediation and Lok Adalat
Difference between mediation and Conciliation
Difference between mediation and Panchayat
Benefit of Mediation
Role of Mediators
1.30 PM to Session-III Mediation : Process
5.00 PM A. Introduction
B. Joint Session
C. Caucus
D. Closing
a. Settlement
b. Non-Settlement
Role Play-II
(Robbert V Arun)
Lunch Break : 1.00 PM to 1.30 PM
Tea Breaks : i) 11.30 AM to 11.45 AM
ii) 3.15 PM to 3.30 PM
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Day - 2 (10.00 AM - 5.00 PM)
Time Sessions Study Topic
10.00 AM to Session-I A. Communication
3.00 PM 1. Definition and Process
2. Effective and Ineffective Communication Benefits
3. Types of Communication
4. Modes of Communication
a. Verbal Communication
b. Non-Verbal Communication
5. Communication in Mediation
Role Play - III
(Anita V Suresh)
B. Communication Skills
1. Active Listening
a) Parapharasing
b) Summarizing
c) Neutral reframing
d) Setting an agenda
2. Body Language
3. Questions
4. Empathy with neutrality
Role Play - IV
(Mohan V Soft Drinks)
3.00 PM to Session-II Bargainings
5.00 PM A. Positional
B. Distributive
C. Integrative
D. Interests based
Lunch Break : 1.30 PM to 2.00 PM
Tea Breaks : i) 11.00 AM to 11.15 AM
ii) 4.00 PM to 4.15 PM
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Day - 3 (10.00 AM - 4.00 PM)
Time Sessions Study Topic
10.00 AM to Session-I Negotiation :
12.30 PM a) Definition
b) Negotiation Styles
i) Competitive
ii) Co-operative
c) Negotiation Skills
d) Barriers to Negotiations
a. Strategic
b. Principal and agent
c. Cognitive
d. Reactive Devaluation
e) Effective and ineffective Negotiator
f) Role of Mediator in negotiation
Role Play - IV
(Ram V Sunil)
12.30 PM to Session-II Impasse : Understanding and Management
4.00 PM A. Definition
B. Causes
i. Emotional
ii. Substantive
iii. Procedural
C. Stages of Impasse and Mediator’s Reflections
D. Management and Strategies
1. Assessment Strategies
a. Real Testing
b. Role Reversal
2. Options General Strategies
a. Lateral thinking
b. Brainstorming
3. Redirecting Mediation Process
4. Use of external resources
5. Reshape physical control of mediation process.
6. Social Skills
7. Last Resorts
E. False impasse & Impasse avoidance
Lunch Break : 1.30 PM to 2.00 PM
Tea Breaks : 11.00 AM to 11.15 AM
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JHARKHAND HIGH COURT MEDIATION RULES
Jharkhand High Court
Mediation Rules
In exercise of the rule-making power under Part X of the Code of Civil
Procedure, 1908 (5 of 1908) and clause (d) sub-section (2) of Section
89 of the said Code, the High Court of Jharkhand is hereby issuing the
following Rules :-
PART - A
ALTERNATIVE DISPUTE RESOLUTION RULES
1. Title - These rules in Part I shall be called the Civil Procedure
Alternative Disputes Resolution Rules, 2006.
2. Procedure for directing parties to opt for alternative modes of
settlement -
(a) The Court shall after recording admissions and denials at the
first hearing of the suit under Rule 1 Order 10 and where it
appears to the Court that there exist elements of settlement,
which may be acceptable to the parties, formulate the terms of
settlement and give them to the parties for their observations
under sub-section (1) of Section 89 and parties shall submit to
the Court their responses within thirty days of the first hearing.
(b) At the next hearing, which shall be not later than thirty days of
the receipt of responses, the Court may reformulate the terms
of a possible settlement and shall direct the parties to opt for
one of the modes of settlement of disputes outside the Court as
specified in clauses (a) to (d) of sub-section (1) of Section 89
read with Rule 1-A of Order 10 in the manner stated hereunder:
Provided that the Court, in the exercise of such power, shall not refer
any dispute to arbitration or to judicial settlement by a person or
institution without the written consent of all parties to the suit.
3. Persons authorised to take decision for the Union of India, State
Governments and others -
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