CCPADR RulesChhattisgarh2006
Chhattisgarh Civil Procedure Alternative Dispute Resolution Rules, 2006
Act No. 5 of 2006
- Sections
- 28
- Chapters
- 2
Contents
IAlternative Dispute Resolution Rules§ 1–88 sections
- 1Title
- 2Procedure for directing parties to opt for alternative modes of settlement
- 3Persons authorized to take decision for the Union of India, State Governments and others
- 4Court to give guidance to parties while giving direction to opt
- 5Procedure for reference by the Court to the different modes of settlement
- 6Referral to the Court and appearance before the Court upon failure of attempts to settle disputes by conciliation or judicial settlement or mediation
- 7Training in alternative methods of resolution of disputes, and preparation of manual
- 8Applicability to other proceedings
IICivil Procedure Mediation Rules§ 9–2820 sections
- 9Cancellation of appointment. - Upon information furnished by the mediator under Rule 8 or upon any other information received from the parties or other persons, if the Court, in which the suit is filed, is satisfied, after conducting such inquiry as it deems fit, and after giving a hearing to the mediator, that the said information has raised a justifiable doubt as to the mediator's independence or impartiality, it shall cancel the appointment by a reasoned order and replace him by another mediator
- 10Removal or deletion from panel. - A person whose name is placed in the panel referred in Rule 3 may be removed or his name be deleted from the said panel, by the Court which empanelled him. if :
- 11Procedure of mediation. - (a) The parties may agree on the procedure to be followed by the mediator in the conduct of the mediation proceedings
- 12Mediator not bound by Evidence Act, 1872 or Code of Civil Procedure, 1908. - The mediator shall not be bound by the Code of Civil Procedure 1908 or the Evidence Act, 1872, but shall be guided by principles of Fairness and Justice, have regard to the rights and obligations of the parties, usages of trade, if any, and the nature of the dispute
- 13Non-attendance of parties at sessions or meetings on due dates. - (a) The parties shall be present personally or may be represented by their counsel or power of attorney holders at the meetings or sessions notified by the mediator
- 14Administrative 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
- 15Offer of settlement by parties. - (a) Any party to the suit may, 'without prejudice', offer a settlement to the other party at any stage of the proceedings, with notice to the mediator;
- 16Role of mediator. - The mediator 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, emphasising that it is the responsibility of the parties to take decision which effect them; he shall not impose any terms of settlement on the parties
- 17Parties alone responsible for taking decision. - The parties must understand that the mediator only facilitates in arriving at a decision to resolve disputes and that i.e will not and cannot impose any settlement nor does the mediator give any warranty that the mediation will result in a settlement. The mediator shall not impose any decision on the parties
- 18Time limit for completion of mediation. - On the expiry of sixty 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 motu, or upon request by the mediator or 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
- 19Parties to act in good faith. - While no one can be compelled to commit to settle his case in advance of mediation, all parties shall commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible
- 20Confidentiality, disclosure and inadmissibility of information. - (1) When a mediator receives confidential information concerning the dispute from any party, he shall disclose the substance of that information to the other party, if permitted in writing by the first party
- 21Privacy. - Mediation 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 permission of the parties or with the consent of the mediator
- 22Immunity. - No mediator shall be held liable for anything bona fide 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 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
- 23Communication between mediator and the Court. - (a) 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 clauses (b) and (c) of this Rule
- 24Settlement 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 to writing and signed by the parties or their power of attorney holder. If any counsel have represented the parties, they shall attest the signature of their respective clients
- 25Court to fix a date for recording settlement and passing decree. - (1) Within seven days of the receipt of any settlement, the Court shall issue notice to the parties fixing a day for recording the settlement, such date not being beyond a further period of fourteen days from the date of receipt of settlement, and the Court shall record the settlement, if it is not collusive
- 26Fee of mediator and costs. - (1) At the time of referring the disputes to mediation, the Court shall, after consulting the mediator and the parties, fix the fee of the mediator
- 27Ethics to be followed by mediator. - The mediator shall :
- 28Transitory provisions. - Until a panel of arbitrators is prepared by the High Court and the District Court, the Courts referred to in Rule 3, may nominate a mediator of their choice if the mediator belongs to the various classes of persons referred to in Rule 4 and is duly qualified and is not disqualified, taking into account the suitability of the mediator for resolving the particular dispute