\i 7 HIGH COURT OF CHHATTISGARH : BILASPUR No. 37~b . · _ NOT!FIC~TION . - .. - r / r ) 2.o 16 /Rules/2016 81laspur dated .......................... .
CHHATTISGARH MEDIATION RULES, 2015 In exercise of the rule making power under Qlla,pter X of the Code --·ofT!ivif Procedure, 1908(5--of 1908) ~d clause (d) of sub-section (2) of Section 89 of the said Code, and in supersession of previous rule.s made, published and promulgated on this subject, the High Court of Chhattisgarh hereby makes the following Rules, which shall come into force from the date of its notification :- Rule 1: Title :
These Rules shall be called the Chhattisgarh 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. · [2] On receipt of the matter by way of refer1i;i} for mediation, tli.e Co-ordinator of the Media.tion Centre ;p;tay assign the matter to any mediator who_ is. best suitecl.to dea.l with the matter -from- the panel of mediators maintained by the Mediation Centre.
[3] The Mediation shall not be limited only to the issues in the - referred dispute and the Mediator may tl"J.ke into account the disputes bet\veen the parties to a case which are not the subject of the pending litigation, and may resolve all disput~s betlveen the parties.
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· [4] _ Op.ring the mediation, counse1 for the parties may also participate in the mediation process.
[5] In appropriate cases, the Mediation C,entre may invite any person/persons, other then those who are involved in the _ pending litigation to join the Mediation for the purpose of finding con1i:ir~hensive and complete solutions includf&g an expert pertrumng to any field. · " _ · [6] Rule 3:
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 ofthe se.m.e and thereafter the Co-ordinator, Mediation Centre shall endeavour to appoint a Mediator who may be acceptable to all the parties.
Appointment of Mediator a) In a Court annexed mediation, the co-ordinatior of the mediation centre shall appoint the mediator as he may -- ····------ deem.fit. . ~ ····----- .....
b) " ·Rule4:
a) b) Rule 5:
(a) 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.
Panel of Mediators.
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 .. · The · District Court shall also prepare a panel of qualified · Mediators WJ.th the approval of the . High Court Mediation committee.
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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.
Qualifications of persons to be empanelled under Rule 3 : · The following persons are eligible for training·as Mediators :
(i).'
(ii) Retired Judges of the Supreme .Court oflndia, . . .
Retired Judges of the High Court;
(iii) Retired District and Sessions1 Judges or retired Judges of the City Civil Court or Courts of equivalent status.
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(b)
(c) Judicial Officers or legal practitioners with atleast 10 years standing at the bar at the level of the Supreme Court or the High Court on the District Courts ofequivalent status;
Experts or other professionals with the least fifteen years standing; or retired senior bureaucrats or retired senior executives;
Rule 6 : ·· Disqualification of persons.
The following persons shall be deemed to be disqualified for being ---·emparretltcd;:-a:s~mediators··:. ·
(a) any person who has been adjudged as insolvent or persons.
(b)
(c)
(d) Rule 7:
(i) against whom ctiminal 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.
. ' any person against whom disciplinary proceedings have been initiated by the appropriate disciplinary authority which are pending or h.avetesulted in a punishment.
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. · · Any legal practitioner who has or .is appe~ip.g for. any of the · parties in the suit or in other proceedings(s).
· 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 discre.tion, from time to time, add or delete any person in the pane~ of rii.ediators, · Rule 8:
I Preference:
. The Coordin~tor shall, while ~ominating lanY_ pers~n fr?m y1e panel of mediators referred to m Rule 3, consider his suitab1hty for resolving the dispute(s) involved and shall give preference to those who have proven record of successful mediation or. whoi~ have Special qualification or experience in mediation. rm· -· Nomination to a mediation proceeding shall not be perceived as a right by mediator. 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.
----··· ___ _ _____ (h)_Eyery __ M.ediator_shalLfrom-the--ti1ne0f--his a;ppointment and throughout · continuance of the mediation proceedings, without delay, disclose to the parties, about the existence o~ any circumstance referred to in Clause (a). . . ., ' . Rule 10 : Withdrawal of appointment.
Upon information furnished by the mediatQr 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 appoin1:rnent and replace him by another mediator.
Rule 11 : Mediatioq pro1::ess.
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 m,aking fresh reference of the matter for mediation.
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. · ) ·fl<' f!,J)/j.
I ---, 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 •~--•••-•••-,-•••-•••A.,•-•-•<< ____ _ " 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: Consequepces 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 111ediator . 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 drcumstances of the ca:se.
Rule 15: · Administrative assistance .. ·· In order fo facilitate the conduct.of mediation proceedings, the parties, or the mediator with . the. consent of !he p!J.rties, may arrange for administrative assistance by a S\,litable institution or person ..
Rule 16 : Role of Mediator.
The mediators shall. attempt to facilitate voluntary resolution of the dispute(s) by the parties. ·. Be shall assist them in .
understanding the problems, · identifying the underlying issues, reducing· mis-understandings, generating the options and developing option which are mutuiµly acceptable· to both t.he .
parties. / Rule 17 : Parties alone responsible for taking decision.
' • • - • I • • • 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 resultiln 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 ________ ns}¼ess_at}L ___ oz:.. __ may._be -useful,- but-st1eh extension shall not be heyon:d 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 information :
and inadmissibility of (1] whe1;1 a mediator receives factual, information concer;ning 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 thaJ, ____ 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 othe~ 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 confaiential and the mediator _ shall not be compelled to divulge information regarding the - document or record or oral information nor as to what _ · transpi[ed during the mediation.
• I - • - [3] Parties shall maintain confidentiality in respect of events th/it transpired during the mediation and shall not rely ori or introduce the said information in any proceeding as to :- _ [a] views expressed by a party in the course of the - 1nediation proceeding; \ 1 _ _ _ - _ _ [b] documents produced during the mediation which were expressly required to be treated as confiQitial 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 . ..
(SJ A mediator may maintain personal record regarding progress of the mediation for his personal use.
Rule 21 : Privacy :
The mediation sessions shall b~ 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 pennission 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 the suit or proceeding to appear in a Court of.Gaw to testify. in regard to information received by him or action tak6n by him or in respect of drafts or records prepared by hirri or shown to him· during the mediation proceedings, Rule 23 : communication between mediator and the Court.
(1] (2] In order to preserve the confidence of parties in the . court and th~ neutrality of the mediator, there · should be no commuhication between the mediator and the Court, except as;stated in sub-rules [2] and (3] of this Rule: · If any communication between the mediator and the Court . is necessary, it shall be in Writing aI).d copies of the same shall be given to the parties or their 'constituted · attorneys or the counsel.
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I ---l 1 [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.
Rule 24: Settlement agreement:
Where an agreement is reached between the parties with regard to all the issues in the suit or proceediJg, 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 hitri forward the same to the Court in which the suit or proceeding s pending.
[2] Where no agreement is arrived at between the . parties or where the mediator is of the view that no settlement is po1:1sible, 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.
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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, iLthe same is not found collusive /illegal/ unworkable. However if the settlement disposed of only certain issues arising in the matter, the Coui;t 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 f\nal in respect of the proceedings pending before the Court.
·~· ' \i ,I I 'I Rule 26 : Fee of the Mediators a) the mediators shall be paid honorarium as under :
s.
No.
Nature of Case Honorarium . ..
1 ..
On settlement through mediation Rs; 3000 / - per case [with of a matrimonial case (including two or more connected criminal), custody, guardianship; cases, the maximum would . Probate. Partition and oossession. be Rs. 4000/-l .
--2---·-··A-ll othermatters. · Rs. 2000/- per case [with two -· · or ·more connected cases, the maximum would 3 4 ..
Connected. case In case of no settlement · · .
be Rs. 3000/-l Rs. 500 /- per case subject to a maximum of Rs.
1000/-[regardless of the number of connected cases] No honorarium.
It is subject to revision from time to time as deemed fit by the Hon'ble Chairman and Members of MCPC/Committee for Monitoring the Mediation Centres of this High Court.
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 proc:iuction 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\n 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 or' the procedural ~spects of the mediation proc~ss. . · · · ·
(4) While communic~ting wi!h the parties avoid any improp~ty · or appearance of 1mpropnety. ·
(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 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-alaility-in-0rder-t0~avoicltaking-on·assignments which ·they are not equipped t:o handle.
(8) Medi.ators . have a duty to remain neutral throughout th~ 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 cortfidential irt 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 9pert to the Coordiriator to take such action with the approval 0£ the High Court Mediation Committee as may be appropriate if the mediator violates any code of conduct expressed · in Ru!~ 27 or behaves in a manner not expected of him as a Mediator".
By order ot;Hon'ble the High Court . . N, <\ \ ~ (Arvind Slngifthandel) Registrar Generat1_\·.
j @ SCHEME FOR TRAINING UNDER MEDIATION AND CONCILIATION PROJECT COMMITTEE• The.Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to . oversee the effective.
implementation of Mediation and Conciliatio~ in the Country. The Mediation and Conciliation Project Committee (MCPC) was constituted by-tl:H~~-then~Ghief-,Jus-tiee:0f-lndia~H0R-ble·-M·r, .Justice R. C, ····Lohoti by order dated 9th April, 2005. H~n'ble Mr. Justice N. Santosh Hegde was its first Chairman.. It consis~ed of otlrer Judges of the Supreme Court and High Court, Senior Advocates and Member Secretary of NALSA.
(a)
(b)
1. COMPOSITION At present the constitution of MCPC is as under :
1.
2.
3.
Hon'ble Mr. Justice J.S. Khehar 1 Hon'ble Mr, Justice Madan B. Lokur Hon'ble P;P. Rao, Senior Advocate· Chairman Member.
Member
4. Ms. Asha Menon, Member Secretary NALSA Member Member-Secretary 5. Ms. Nisha Saxena
2. ELIGIBILITY FOR TRAINING The following persons are eligible for training as Mediators : ·
(i)
(ii)
(iii) ~etired Judges of the Supreme Court of India, I Retired Judges of the High Court;
Retired District and Sessions Judges or retired Judges of the City Civil Court or Courts of equivalent · status.
Judicial Officers or legal practitioners with atleast 10 years standing at the bar at the level of the Supreme Court or the High Court on the District Courts of equivalent statu~ I I ---i .•
(c) @ Experts or other professionals with the last fifteen years standing; or retired senior bureaucrats or retired senior executives;
•
3. TRAINING OF MEDIATORS The Mediators are trained as per the curriculum approved by the MCPC contained in the manual known as Mediation Training Manual .of India. The Mediation Training Manual was prepared under __ _the guida.nc.ec...cl-l:l.on~l~-M-r;.-Justiee-eyriac·Jaseph, forrrief · member, MCPC and Chairman, Sub•Committee. Any person to be trained as a Mediator has to undergo compulsory 40 hours mediation training ,.
imparted by .trainers of MCPC as per the curriculum laid· down in Mediation Training Manual. Mediation Training Manual of India can be down loaded from the Supreme Court oflndia website-sci.nic.in.
4. ACCREDITION A person must have undergone 40 hours of mediation training programme under the aegis of MCPC as per curriculum · approved by MCPC from the trainers of Mediation and Conciliation Project .Committee ... After having undergone. 40 hours training only those mediaton, who h~ve completed atleast 1 O successful mediation· resulting in settlement and atleast 20 mediation in all, are eligible to be accredited as qualified mediator.
The Committee also resolved that the Mediators who have undergone training programme conducted by institution other than MCPC shall not be. accredited as Mediator under MCPC.
, 5. TRAINING OF TRAINERS PROGRAMME . Master trainers of Mediation have devised a 20 hour programme for training of trainers and only thosel mediators accredited .
by MCPC who have completed a_tleast 50 mediations resulting in settlement a.nd atleast 60 mediations in all, are eligible to ut'liergo ·- ® Training of Trainers (ToT) programme. The training of trainers ,programme is also followed by advanced trainihg programme to further crystallize the concept of mediation and skill development.
6. HONORARIUM TO MEDIATORS ACCREDITED BY MCPC ... S.N.o.. .N,atur.«Lof..case --.. -~ . ................... Honorarium . . .. .
1. On settlement through mediation Rs. 3000/- per case [with two of a matrimonial case [including or more connected cases, the criminal], custody, guardianship, maximqm would be ,Rs;· probate, partition and 4000/-1 possession. .
2. All other matters. Rs. 2000/- per case [with two .
or rp.ore connected cases, the maximum would be Rs.
3000/-1
3. Connected case Rs. 500 /- per case subject tq a maximum of Rs. 1000/- [regardless of the number of . connected casesl
4. In case of no settlement No honorarium The scheme of training under MCPC has been devised in such a way so. as to ensure uniformity in the curricuium of the Mediation training and also . to maintain quality . control of mediators · throughout the country ..
The endeavor of the . Mediation and Conciliation Project Committee is to give a boost to the Court annexed mediatiqn and to · help mediation in growing not as an alternative Dispute Resolution Mechanism but a,s,another effective mode of dispute resolution. ' . .
i By order ofBon'ble £1-e_ H. igh Court ·.. /~\\l .
(AM\ind Singh Chandel) Registrar General