ADR RulesPunjab2003
Alternative Disputes Resolution Rules, 2003
- Sections
- 27
- Chapters
- 2
Contents
IAlternative Disputes Resolution Rules§ 1–88 sections
- 1Section 1
- 2Procedure for directing the parties to opt for alternative modes of settlement
- 3Persons authorized to take decision on behalf of 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
- 6Appearance before the Court upon failure of attempts to settle disputes by judicial settlement, conciliation or mediation
- 7Training in alternative methods of resolution of disputes and preparation of manual
- 8Applicability to other proceedings
IIMediation Rules§ 9–2719 sections
- 9Removal or deletion from panel. - The name of a person placed in the panel referred to in Rule 3 may be removed or deleted from the said panel by the Court concerned if :
- 10Procedure of mediation. - (a) The parties may agree on the procedure to be followed by the mediator in the conduct of the mediation proceedings
- 11Mediator not bound by Evidence Act, 1872 or Code of Civil Procedure, 1908. - The mediator shall not be bound by the provisions of Evidence Act, 1872 or Code of Civil Procedure, 1908, 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
- 12Non-attendance of parties at sessions or meetings on due dates. - (a) The parties shall be present personally or through their counsel or power of attorney holders at the meetings or sessions notified by the mediator
- 13Administrative 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
- 14Offer of settlement by the parties. - Any party to the suit may, without prejudice, to the rights of either party, offer a settlement to the other party at any stage of the proceedings with notice to the mediator
- 15Role 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, emphasizing that it is the responsibility of the parties to take decision which affect them. However, he shall not impose terms of settlement on the parties
- 16Parties alone responsible for taking decision. - The parties must understand that the mediator only facilitates in arriving at a decision to resolve disputes and that he will not and cannot impose any settlement nor does the mediator give any warranty that the mediation will result in a settlement
- 17Time 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 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 then he may extend the time but such extension shall not be beyond a further period of thirty days
- 18Parties to act in good faith. - All the parties shall participate in the mediation proceedings in good faith with the intention to settle the dispute
- 19Confidentiality disclosure and inadmissibility of information. - (1) When a mediator receives 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:
- 20Privacy. - 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 consent of the parties and with the permission of the mediator
- 21Immunity. - 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
- 22Communication between mediator and the Court. - (a) in order to preserve the confidence of the parties in the Court and neutrality of the mediator, there shall be no communication between the mediator and the Court, except as stated in clauses (b) and (c) of this Rule
- 23Settlement 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 into writing and signed by the parties or their power of attorney holders. If any counsel have represented the parties, they shall attest the signatures of their respective clients
- 24Court to fix a date for recording settlement and passing decree. - (1) Within seven days of the receipt of a settlement, the Court shall issue notice to the parties fixing a date for their appearance which date shall not be beyond 14 days from the date of receipt of the settlement and the Court shall then take the settlement on record
- 25Fee of mediator and costs. - (1) At the time of referring the dispute to the mediator, the Court shall after consulting the mediator and the parties, fix the fee of the mediator
- 26Ethics to be followed by mediator. - The mediator shall
- 27Transitory provisions. - Until a panel of mediators is prepared by the High Court or the District Court as provided under Rule 3, the Court concerned may nominate a mediator of its choice provided that he is fully qualified and does not suffer from any disqualification