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Section 5: The f()lIowing persons shall bl~treated,as qualitied and eligible for being enlisted in the panel of mediators under Rule 4, namely;

Uttar Pradesh Civil Procedure Mediation rules, 2009State Rules of Uttar Pradesh · 1908

(a), Retired on superannuation district and Session~ Judges and retired

01.1 superannuation Additilmal District & Sessions Judges or the Uttar Pradesh Hight:r Judicial Service,

(b) L egal practitioners w ith at Iken years standing at theB ar at the level of the Suprem e C ourt or th,' !

i C I)urt;

or the D istrict C ourts;

(c) E xperts or llther professionals \\ Ilh allcast tifteen years standing;

(d) Persons and institutions w hoiw hich are them selves experts in the m ediation and havc been approved recognized by the H igh C ourt.

,6.

T he follow ing persons shall be deem ed to be disqualified for.

bL ing em pandlcd as m ediators:--

(i) any person w ho has been adjudged as insolvent or is declared of unsound m ind;

.

(ii) or any person against w hom crim inal charges involving m oi'al turpitude are fram ed by a crim inal court a1id arc pending;

or

(iii) any person w ho has bcen convicted by a crim inal court for any offencc involving m oral turpitude;

(iv) any person against w hom disciplinary proceedings or charges relating to m oral turpitude have been initiated by the appropriate disciplinary authority.

w hich are pending or have resulted in a punishm ent.

(v) any person w ho is interested or connected w ith the subject-m atter of dispute or is related to anyone of the parties or to those w ho represent them , unless such objection is w aived by all the parties in w riting.

(vi) any legal practitioner w ho has or is appearin~ (or any of the parties in the suit orin any other suit Il" prllceedlllgs.

(vii) such other categories of persons as m aybe notified by the H igh C ourt.

7.

T he m cdiator shall conduct the m ediation at one or other of the follow ing (il V enue urthe L ok A dalat or perm anent L ok A dalat.

(ii) A ny place identitil;:d by the D istrict .Iut4ge w ithin the C ourt precincts Ii.,,·the purpose of conducting m ediation;

(iii) A ny place identilicd by the B ar A ssociation or State B ar C ouncil fl.> ,.till' purpose of m cdiati0n, w ithin the prem ises of the B ar A ssociation or S'tak B ar ('ouncil, as the case m ay be;

(iv) A ny llther place as m ay bc agreed upon by the panies subject to the approval of the C ourt.

~.

T he C ourt shull, w hile nom inating any person from the panel 0f m ediators rcfern:d to in R ule 4, consider his suituhility ti.)I" resolving the particular class of dispute involved in the suit and shall give preferencc to those w ho have proven record of successful m ediation or w ho have specialqualitications or experience in m ediation.

9.

(a) W hen a person is upproaclll:c1 in connection w ith his proposed/possible appointm ent as a m cdiat0r.he shall disclose in w riting any cin;um stanceslikcly to give rise to a justitiublc doubt as to his indepepdence or im partiality;

(b) Fn;ry m ediator shall.

from the tim e of his appointm cnt and thflllighlllll the continuances of the m ediation proceedings.

w ithout dcluy, disclose to the parties in w riting about the existence of ,m y of the circum stam :es n:ti.:rrcd to in clause

(a).

.

U pon inll.m natilll1 furnished the m ediator under R ule l)'or upon any other int(H m ation receiveo from the panics llr other persons, the C ourt, in \vhich the sui,l or other prm 'ceding IS p.,;nding is satistied, ulter etH lducting such ilK \uiry as it dC I.'I\1s tit.

and ahcr g.iving.

a hearing to the m o:diator.

that the said inform ation has raised a justilial11c dlllibt as tll·lhe m cdiator'.;

II1dep< :ndence llr im partiality, it shall can<:d the appointnle'nt a reasoll,'ll onh:r ilnd replace hlln another m ediator to appl\,\al of R':Il11lVUIordd':lioll frumpallel I'iw:.:dur.:or ll\~dltHiOI1

Where this provision sits

ActUttar Pradesh Civil Procedure Mediation rules, 2009
Section5
Marginal noteThe f()lIowing persons shall bl~treated,as qualitied and eligible for being enlisted in the panel of mediators under Rule 4, namely;
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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