Adr 6

For Private Circulation Only
The Rule Book

of
Mediation
Compiled by
JHARKHAND STATE LEGAL SERVICES AUTHORITY, RANCHI
This Booklet is also available on of icial website of JHALSA "www.jhalsa.org"

For Private Circulate Only
The rule book

of
mediation
Compiled by :
JHARKHAND STATE LEGAL SERVICES AUTHORITY, RANCHI
This Reading Material is also available on Official Website of JHALSA “www.jhalsa.org”

Contents
1. Scheme for Training under

Mediation and Conciliation Project Committee.......................................... 5
2. Mediation Rules - 2015......................................................................................... 8
3. Jharkhand High Court

Mediation Rules......................................................................................................25
4. The Jharkhand State Legal Services Authority

(Amendment) Regulation, 2013 ....................................................................62
SCHEME FOR TRAINING UNDER MEDIATION AND CONCILIATION PROJECT COMMITTEE
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 Conciliation in the Country. The Mediation and Conciliation
Project Committee (MCPC) was constituted by the then Chief Justice
of India Hon’ble Mr. Justice R.C. Lohoti by order dated 9 th April, 2005.
Hon’ble Mr. Justice N. Santosh Hegde was its first Chairman. It consisted
of other Judges of the Supreme Court and High Court, Senior Advocates
and Member Secretary of NALSA.
1. COMPOSITION
At present the constitution of MCPC is as under :
1. Hon’ble Mr. Justice J.S. Khehar ... Chairman
2. Hon’ble Mr. Justice Madan B. Lokur ... Member
3. Mr. E P. Rao, Senior Advocate .... Member
4. Ms. Asha Menon, Member Secretary, NALSA. ... Member
5. Ms. Nisha Saxena ...Member Secretary
2. ELIGIBILITY FOR TRAINING
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
City Civil Court or Courts of equivalent status.
(b) Judicial Officers or legal practitioners with atleast-10 years’
standing at the bar at the level of the Supreme Court or the High
Court or the District Courts of equivalent status;
5
(c) Experts or other professionals with at least 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
guidance of Hon’ble Mr. Justice Cyriac Joseph, former 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 of India 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
mediators who have completed atleast 10 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 those mediators accredited by MCPC
who have completed atleast 50 mediations resulting in settlement
and atleast 60 mediations in all, are eligible to undergo Training of
Trainers (ToT) programme. The training of trainers programme is
also followed by advanced training programme to further crystallize
the concept of mediation and skill development.
6
6. HONORARIUM TO MEDIATORS ACCREDITED BY MCPC

S.No Nature of case Honorarium
On settlement through
mediation of a matrimonial Rs.3000/- per case [with
case [including criminal], two or more connected
1
custody, guardianship, cases, the maximum would
probate, partition and be Rs.4000/-]
possession.
Rs. 2000/- per case [with
two or more connected
2 All other matters.
cases, the maximum would
be Rs.3000/-]
Rs.500/- per case subject
to a maximum of Rs.1000/-
3 Connected case
[regardless of the number of
connected cases]
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 curriculum 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 mediation and to help mediation
in growing not as an Alternative Dispute Resolution Mechanism but
as another effective mode of dispute resolution.
qqq
7
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.
8
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;
9
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.
10
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.
11
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-
12
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
13
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
14
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.
15
[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/-]
16
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.
17
(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
18
19
20
21
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
22
Day - 2 (10.00 AM - 5.00 PM)

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
Tea Breaks : i) 11.00 AM to 11.15 AM
ii) 4.00 PM to 4.15 PM
23
Day - 3 (10.00 AM - 4.00 PM)

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
Tea Breaks : 11.00 AM to 11.15 AM
24
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 -
25
1) For the purpose of Rule 2, the Union of India or the Government

of a State or Union Territory, all local authorities, all Public
Sector Undertakings, all statutory corporations and all public
authorities shall nominate a person or persons or group of
persons who are authorised to take a final decision as to the
mode of alternative dispute resolution in which it proposes to
opt in the event of direction by the Court under Section 89 and
such nomination shall be communicated to the High Court within
the period of three months from the date of commencement of
these Rules and the High Court shall notify all the subordinate
certs in this behalf as soon as such nomination is received from
such Government or authorities.
2) Where such person or persons or group of persons have not
been nominated as aforesaid, such party as referred to in clause
(1) shall, if it is a plaintiff, file alongwith the plaint or if it is a
defendant, file alongwith or before the filing of the written
statement, a memo into the Court, nominating a person or
persons or group of persons who is or are authorised to take a
final decision as to the mode of alternative dispute resolution,
which the party prefers to adopt in the event of the Court
directing the party to opt for one or other mode of alternative
dispute resolution.
4. Court to give guidance to parties while giving direction to opt.-
(a) Before directing the parties to exercise option under clause (b) of
Rule 2, the Court shall give such guidance as it deems fit to the parties,
by drawing their attention to the relevant factors which parties will
have to take into account, before they exercise their option as to the
particular mode of settlement, namely :
i) that it will be to the advantage of the parties, so far as time and
expense, are concerned, to opt for one or other of these modes
of settlement (referred to in Section 89) rather than seek a trial
on the disputes arising in the suit;
ii) that, where there is no relationship between the parties which
requires to be preserved, it may be in the interest of the parties
26
to seek reference of the matter of arbitration as envisaged in

clause (a) of sub-section (1) of Section 89;
iii) that, where there is a relationship between the parties which
requires to be preserved, it may be in the interest of parties to
seek reference of the matter to conciliation or mediation, as
envisaged in clause (b) or (d) of sub-section (1) of Section 89;
Explanation - Disputes arising in matrimonial, maintenance and
child custody matters shall, among others, be treated as cases where a
relationship between the parties has to be preserved.
iv) that, where parties are interested in a final settlement which
may lead to a compromise, it will be in the interests of the
parties to seek reference of the matter to the Lok Adalat or to
judicial settlement as envisaged in clause (c) of sub-section (1)
of Section 89;
v) the difference between the different modes of settlement, namely,
arbitration, conciliation, mediation and judicial settlement is as
explained below :
Settlement by ‘arbitration’ means the process by which an arbitrator
appointed by parties or by the Court, as the case may be, adjudicates
the disputes between the parties to the suit and passes ah award by the
application of the provisions of the Arbitration and Conciliation Act,
1996.
Settlement by ‘conciliation’ means the process by which a conciliator, who
is appointed by parties or by the Court, as the case may be, conciliates
the disputes between the parties to the suit by the application of the
provisions of the Arbitration and Conciliation Act, 1996 (29 of 1996)
insofar as they relate to conciliation, and in particular, in exercise of his
powers under Sections 67 and 73 of that Act, by making proposals for a
settlement of the dispute and by formulating or reformulating the terms
of a possible settlement; and has a greater role than a mediator.
Settlement by ‘mediation’ means the process by which a mediator
appointed by parties or by the Court, as the case may be, mediates
the dispute between the parties to the suit by the application of the
27
provisions of the Mediation Rules, 2003 in Part II, and in particular, by

facilitating discussion between parties directly or by communicating
with each other through the mediator, by assisting parties in identifying
issues, reducing misunderstandings, clarifying priorities, exploring areas
of compromise, generating options in an attempt to solve the dispute and
emphasising that it is the parties own responsibility for making decisions
which affect them.
Settlement in the Lok Adalat means settlement by the Lok Adalat as
contemplated by the Legal Services Authorities Act, 1987.
Judicial settlement means a final settlement by way of compromise
entered into before a suitable institution or person to which the Court
has referred the dispute and which institution or person are deemed to
be the Lok Adalats under the provisions of the Legal Services Authorities
Act, 1987 (39 of 1987) and where after such reference, the provisions of
the said Act apply as if the dispute was referred to a Lok Adalat under the
provisions of that Act.
5. Procedure for reference by the Court to the different modes of
settlement
a) Where all parties to the suit decide to exercise their option
and to agree for settlement by arbitration, they shall apply to
the Court, within thirty days of the direction of the Court under
clause (b) of Rule - 2 and the Court shall, within thirty days, of the
said application, refer the matter to arbitration and thereafter
the provisions of the Arbitration and Conciliation Act, 1996
(26 of 1996) which are applicable after the stage of making of
the reference to arbitration under that Act, shall apply as if the
proceedings were referred for settlement by way of arbitration
under the provisions of that Act.
b) Where all the parties to the suit decide to exercise their option
and to agree for settlement by the Lok Adalat or where one of
the parties applies for reference to the Lok Adalat, the procedure
envisaged under the Legal Services Authorities Act, 1987 and in
particular by Section 20 of that Act, shall apply.
28
c) Where all the parties to the suit decide to exercise their option
and to agree for judicial settlement, they shall apply to the Court
within thirty days of the direction under clause (b) of Rule 2 and
then the Court shall, within thirty days of the application, refer
the matter to a suitable institution or person and such institution
or person shall be deemed to be a Lok Adalat and thereafter
the provisions of the Legal Services Authorities Act, 1987 (39
of 1987) which are applicable after the stage of making of the
reference to the Lok Adalat under that Act, shall apply as if the
proceedings were referred for settlement under the provisions
of that Act.
d) Where non of the parties are willing to agree to opt or agree to
refer the dispute to arbitration or the Lok Adalat, or to Judicial
settlement within thirty days of the direction of the Court under
clause (b) of Rule 2, they shall consider if they could agree for
reference to conciliation or mediation, within the same period.
e) i) Where all the parties opt and agree for conciliation, they
shall apply to the Court, within thirty days of the direction
under clause (b) of Rule 2 and the Court shall, within thirty
days of the application refer the matter to conciliation and
thereafter the provisions of the Arbitration and Conciliation
Act, 1996 (26 of 1996) which are applicable after the stage of
making of the reference to conciliation under that Act, shall
apply, as if the proceedings were referred for settlement by
way of conciliation under the provisions of that Act.
ii) Where all the parties opt and agree for mediation, they shall
apply to the Court, within thirty days of the direction under
clause (b) of Rule 2 and the Court shall, within thirty days of
the application, refer the matter to mediation and then the
Mediation Rules, 2003 in Part II shall apply.
f) Where under clause (d), all the parties are not able to opt and
agree for conciliator or mediation, one or more parties pay apply
to the Court within thirty days of the direction under clause (b)
of Rule 2, seeking settlement through conciliation o mediation
29
as the case may be, and in that event, the Court shall, within a
further period of thirty days issue notice to the other parties to
respond to the application and
i) In case all the parties agree for conciliation, the Court shall
refer the matter conciliation and thereafter, the provisions
of the Arbitration and Conciliation Act, 1996 which are
applicable after the stage of making of the reference
conciliation under that Act, shall apply.
ii) In case all the parties agree for mediation, the Court shall
refer the matter mediation in accordance with the Civil
Procedure Mediation Rules, 2003 Part II shall apply.
iii) In case all the parties do not agree and where it appears to the
Court, that there exist elements of a settlement which may
be acceptable to the parties and that there is a relationship
between the parties which has to be preserved, the Court
shall refer the matter to conciliation or mediation, as the
case may be. In case the dispute is referred to conciliation,
the provisions of the Arbitration and Conciliation Act,
1996 which are applicable after the stage of making of the
reference to conciliation under that Act shall and in case the
dispute is referred to mediation, the provisions of the Civil
Procedure-Mediation Rules, 2003, shall apply.
g) i) Where none of the parties apply for reference either to
arbitration, or the Lok Adalat, or judicial settlement, or
for conciliation or mediation, within thirty days of the
direction under clause (b) of Rule 2, the Court shall, within
a further period of thirty days, issue notices to the parties
or their representatives fixing the matter for hearing on
the question of making a reference either to conciliation or
mediation.
ii) After hearing the parties or their representatives on the
day so fixed the Court shall, if there exist elements of a
settlement which may be acceptable to the parties and
30
there is a relationship between the parties which has to be

preserved, refer the matter to conciliation or mediation. In
case the dispute is referred to conciliation, the provision
of the Arbitration and Conciliation Act, 1996 which are
applicable after the stage of making of the reference to
conciliation under that Act shall apply and in case the
dispute is referred to mediation, the provisions of the Civil
Procedure Mediation Rules, 2003, shall apply.
h) i) No next friend or guardian for the suit shall, without the
level of the Court, expressly recorded in the proceedings of
the Court, opt for anyone of the modes of alternative dispute
resolution nor shall enter into any settlement on behalf of a
minor or person under disability with reference to the suit
in which he acts as mere friend or guardian.
ii) Where an application is made to the Court for leave to enter
into a settlement initiated into in the alternative dispute
resolution proceedings on behalf of a minor or other
person under disability and such minor or other person
under disability is represented by counsel or pleader, the
counsel or pleader shall file a certificate alongwith the
said application to the effect that the settlement is, in his
opinion, for the benefit of the minor or other person under
disability. The decree of the Court based on the settlement
to which the minor or other person under disability is a
party, shall refer to the sanction of the Court thereto and
shall set out the terms of the settlement.
6. Referral to the Court and appearance before the Court upon
failure of attempts to settle disputes by conciliation or judicial
settlement or mediation -
1) Where a suit has been referred for settlement for conciliation,
mediation or judicial settlement and has not been settled or
where it is felt that it would not be proper in the interests of
justice to proceed further with the matter, the suit shall be
31
referred back again to the Court with a direction to the parties

to appear before the Court on a specific date.
2) Upon the reference of the matter back to the Court under sub-
rule (1) or under sub-section 20 of the Legal Services Authorities
Act, 1987, the Court shall proceed with the suit in accordance
with law.
7. Training in alternative methods of resolution of disputes, and
preparation of manual -
a) The High Court shall take steps to have training courses conducted
in places where the High Court shall take steps to have training
courses conducted in place where the High Court and the Distric
Courts or courts of equal status are located, by requesting bodies
recognised by the High Court or the Universities imparting legal
education or retired faculty members or other persons who,
according to the High Court are well versed in the techniques
of alternative methods of resolution of disputes, to conduct
training courses for lawyers and judicial officers.
b) i) The High Court shall nominate a committee of Judges,
faculty members including retired persons belonging to
the above categories, senior members of the Bar, other
members of the Bar specially qualified in the techniques
of alternative dispute resolution, for the purpose referred
to in clause (a) and for the purpose of preparing a detailed
manual of procedure for alternative dispute resolution to be
used by the Courts in the State as well as by the arbitrators,
or authority or person in the case of judicial settlement or
conciliators or mediators.
ii) The said manual shall describe the various methods of
alternative dispute resolution, the manner in which anyone
of the said methods is to be opted for, the suitability of any
particular method for any particular type of dispute and
shall specifically deal with the role of the above persons
in disputes which are commercial or domestic in nature
32
or which relate to matrimonial, maintenance and child

custody matters.
c) The High Court and the District Courts shall periodically
conduct seminars and workshops on the subject of alternative
dispute resolution procedures throughout the State or States
over which the High Court has jurisdiction with a view to bring
awareness of such procedures and to impart training to lawyers
and judicial officers.
d) Persons who have experience in the matter of alternative
dispute resolution procedures, and in particular in regard to
conciliation and mediation, shall be given preference in the
matter of empanelment for the purposes of conciliation or
mediation.
8. Applicability to other proceedings - The provisions of these Rules
may be applied to proceedings before the Courts, including Family
Courts constituted under the Family Courts Act (66 of 1984), while
dealing with matrimonial, maintenance and child custody disputes,
wherever necessary, in addition to the rules framed under the Family
Court Act (66 of 1984).
PART II
CIVIL PROCEDURE MEDIATION RULES
1. Title - These Rules in Part II shall be called the Civil Procedure
Mediation Rules, 2003.
2. Appointment of mediator -
a) Parties to a suit may all agree on the name of the sole mediator
for mediating between them.
b) Where, there are two sets of parties and are unable to agree on
a sole mediator, each set of parties shall nominate a mediator.
c) Where parties agree on a sole mediator under clause (a) or
where parties nominate more than one mediator under clause
(b), the mediator heed not necessarily be from the panel of
mediators referred to in Rule 3 nor bear the qualifications
33
referred to in Rule 4 but should not be a person who suffers

from the disqualifications referred to in Rule 5.
d) Where there are more than two sets of parties having diverse
interests, each set shall nominate a person on its behalf and
the said nominees shall select the sole mediator and failing
unanimity in that behalf, the Court shall appoint a sole mediator.
3. Panel of mediators -
a) The High Court shall, for the purpose of appointing mediators
between parties in suits filed on its original side, prepare a
panel of mediators and publish the same on its notice board,
within thirty days of the coming into force of these Rules, with
a copy to the Bar Association attached to the original side of the
High Court.
b) i) The Courts of the Principal District and Sessions Judge in
each district or the Courts of the Principal Judge of the City
Civil Court or courts of equal status shall, for the purposes
of appointing mediators to mediate between parties in suits
filed on their original side, prepare a panel of mediators,
within a period of sixty days of the commencement of these
Rules, after obtaining the approval of the High Court to the
names included in the panel, and shall publish the same on
their respective notice boards.
ii) Copies of the said panels referred to in clause (i) shall be
forwarded to all the courts of equivalent jurisdiction or
courts subordinate to the courts referred to in sub-clause (i)
and to the Bar Associations attached to each of the courts.
c) The consent of the persons whose names are included in the
panel shall be obtained before empanelling them.
d) The panel of names shall contain a detailed annexure giving
details of the qualifications of the mediators and their
professional or technical experience in different fields.
34
4. Qualifications of persons to be empanelled under Rule 3 - The

following persons shall be treated as qualified and eligible for being
enlisted in the panel of mediators under Rule 3, namely :
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
City Civil Court or courts of equivalent status.
b) Legal practioners with at least fifteen years standing at the
Bar at the level of the Supreme Court or the High Court; or the
District Courts or courts of equivalent status.
c) Experts or other professionals with at least fifteen years standing;
or retired senior bureaucrats or retired senior executives.
d) Institutions which are themselves experts in mediation and
have been recognised as such by the High Court, provided the
names of its members are approved by the High Court initially
or whenever there is change in membership.
5. Disqualifications of persons - The following persons shall be
deemed to be disqualified for being empanelled as mediators :
i) any person who has been adjudged as insolvent or is declared of
unsound mind, or
ii) any person against whom criminal charges involving moral
turpitude are framed by a criminal court and are pending, or
iii) any person who has been convicted by a criminal court for any
offence involving moral turpitude.
iv) any person against whom disciplinary proceedings or charges
relating to moral turpitude have been initiated by the appropriate
disciplinary authority which are pending or have resulted in a
punishment.
v) any person who is interested or connected with the subject-
matter of dispute or is related to anyone of the parties or to
35

all the parties in writing,
vi) any legal practitioner who has or is appearing for any of the
parties in the suit or in any other suit or proceedings,
vii) such other categories of persons as may be notified by the High
Court.
6. Venue for conducting mediation - The mediator shall conduct the
mediation at one or other of the following places :
i) Venue of the Lok Adalat or permanent Lok Adalat.
ii) Any place identified by the District Judge within the court
precincts for the purpose of conducting mediation.
iii) Any place identified by the Bar Association or State Bar Council
for the purpose of mediation, within the premises of the Bar
Association or State Bar Council, as the case may be.
iv) Any other place as may be agreed upon by the parties subject to
the approval of the Court.
7. Preference - The Court shall, while nominating any person from
the panel of mediators referred to in Rule 3, consider his suitability
for resolving the particular class of dispute involved in the suit and
shall give preference to those who have proven record of successful
mediation or who have special qualification or experience in
mediation.
8. Duty of mediator to disclose certain facts -
a) When a person is approached, in connection with his possible
appointment as a mediator, the person shall disclose in writing
to the parties, any circumstances likely to give rise to a justifiable
doubt as to his independence or impartiality.
b) Every mediator shall, from the time of his appointment and
throughout the continuance of the mediation proceedings,
without delay, disclose to the parties in writing, about the
existence of any of the circumstances referred to in clause (a).
36
9. Cancellation 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.
10. Removal or deletion from panel - A person whose name is placed
in the panel referred to in Rule 3 may be removed or his name be
deleted from the said panel, by the Court which empanelled him if :
i) he resigns or withdraws his name from the panel for any reason:
ii) he is declared insolvent or is declared of unsound mind;
iii) he is a person against whom criminal charges involving moral
turpitude are framed by a criminal court and are pending;
iv) he is a person who has been convicted by a criminal court for
any offence involving moral turpitude;
v) he is a person whom disciplinary proceedings on charges relating
to moral turpitude have been initiated by the appropriate
disciplinary authority which are pending or have resulted in a
punishment;
vi) he exhibits or displays conduct, during the continuance of the
mediation proceedings, which is unbecoming of a mediator;
vii) the Court which empanelled, upon receipt of information, if it is
satisfied, after conducting such inquiry as it deems fit, is of the
view, that it is not possible or desirable to continue the name of
that person in the panel;
Provide that, before removing or deleting his name, under
clauses (vi) and (vii), the Court shall hear the mediator whose
name is proposed to be removed or deleted from the panel and
shall pass a reasoned order.
37
11. Procedure of mediation -

a) The parties agree on the procedure to be followed by the
mediator in the conduct of the mediation proceedings.
b) Where the parties do not agree on any particular procedure
to be followed by the mediator, the mediator shall follow the
procedure hereinafter mentioned, namely:
i) he shall fix, in consultation with the parties, a time-schedule,
the dates and the time of each mediation session, where all
parties have to be present;
ii) he shall hold the mediation conference in accordance with
the provisions of Rule 6;
iii) he may conduct joint or separate meetings with the parties;
iv) each party shall, ten days before a session, provide to fhe
mediator a brief memorandum setting forth the issues,
which according to it need to be resolved, and its position
in respect to those issues and all information reasonably
required for the mediator to understand the issue; such
memoranda shall also be mutually exchanged between the
parties;
v) each party shall furnish to the mediator, copies of pleadings
or documents or such other information as may be required
by him in connection with the issues to be resolved:
Provided that where the mediator is of the opinion that he
should look into any original document, the Court may permit
him to look into the original document before such officer of the
Court and on such date or time as the Court may fix.
vi) each party shall furnish to the mediator such other
information as may be required by him in connection with
the issues to be resolved.
c) Where there is more than one mediator, the mediator nominated
by each party shall first confer with the party that nominated
38
him and shall thereafter interact with the other mediators, with
a view to resolving the disputes.
12. Mediator not bound by the Evidence Act, 1872 or the 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 the 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.
13. Non-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.
(b) If a party fails to attend a session or a meeting notified by the
mediator, other parties or the mediator can apply to the court
in which the suit is filed, to issue appropriate directions to that
party to attend before the mediator without sufficient reason,
the court may take action against the said party by imposition
of costs.
(c) The parties not resident in India, may be represented by
the counsel or power-of- attorney holders at the sessions or
meetings.
14. 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 hy a suitable
institution or person.
15. Offer 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.
39
(b) Any party to the suit may make a, ‘with prejudice’ offer, to the
other party at any stage of the proceedings, with notice to the
mediator.
16. Role 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 decisions which affect them; he shall not impose any terms of
settlement on the parties.
17. Parties 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. The mediator shall not impose
any decision on the parties.
18. Time-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.
19. Parties 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.
20. Confidentiality, 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.
40
2) When a party gives information to the mediator subject to a

specific condition that it be kept confidential, the mediator
shall not disclose that information to the other party, nor shall
the mediator voluntarily divulge any information regarding
the documents or what is conveyed to him orally as to what
transpired during the mediation.
3) Receipt or perusal, or preparation of records, reports or other
documents by the mediator, or receipt of information orally by
the mediator while serving in that capacity, shall be confidential
and the mediator shall not be compelled to divulge information
regarding the documents nor in regard to the oral information
nor as to what transpired during the mediation.
4) Parties shall maintain confidentiality in respect of events that
transpired during mediation and shall not rely on or introduce
the said-information in any other proceedings as to:
a) views expressed by a party in the course of the mediation
proceedings;
b) documents obtained during the mediation which were
expressly required to be treated as confidential or other
notes, drafts or information given by parties or mediators;
c) proposals made or views expressed by the mediator;
d) admission made by a party in the course of mediation
proceedings;
e) the fact that a party had or had not indicated willingness to
accept a proposal;
5) There shall be no stenographic or audio or video recording of
the mediation proceedings.
21. Privacy - Mediation sessions and meetings are private; only the
parties or their counsel or power-of-attorney holders concerned can
attend. Other persons may attend only with the permission of the
parties or with the consent of the mediator.
41
22. Immunity - No mediator shall be held liable for anything bone 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.
23. Communication 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.
b) 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 counsel or power of attorney.
c) Communication between the mediator and the Court shall be
limited to communication by the mediator:
(i) with the Court about the failure of the party to attend;
(ii) with the Court with the consent of the parties;
(iii) regarding his assessment that the case is not suited for
settlement through mediation;
iv) that the parties have settled the dispute or disputes.
24. Settlement 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 holders. If any counsel have represented the parties,
they shall attest the signature of their respective clients.
2) The agreement of the parties so signed and attested shall be
submitted to the mediator who shall, with a covering letter
42
signed by him, forward the same to the court in which the suit is
pending.
3) Where no agreement is arrived at between the parties, before
the time-limit stated in Rule 18 or where, the mediator is of the
view that no settlement is possible, he shall report the same to
the said court in writing.
25. Court 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.
(2) The Court shall then pass a decree in accordance with the
settlement so recorded, if the settlement disposes of all the
issues in the suit.
(3) If the settlement disposes of only certain issues arising in the
suit, the. Court shall record the settlement on the date fixed for
recording the settlement, and
i) if the issues arc severable from other issues and if a decree
could be passed to the extent of the settlement covered by
those issues, the Court may pass a decree straight away in
accordance with the settlement on those issues without
waiting for a decision of the Court on the other issues,
which are not settled,
ii) If the issues are not severable, the Court shall wait for
a decision of the Court on the other issues which arc not
settled.
26. Fee 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.
43
2) As far as possible a consolidated sum may be fixed rather than

for each session or meeting.
3) Where there are two mediators as in clause (b) of Rule 2, the
Court shall fix the fee payable to the mediators which shall be
shared equally by the two sets of parties.
4) The expense of the mediation including the fee of the mediator,
costs of administrative assistance, and other ancillary expenses
concerned, shall be borne equally by the various contesting
parties or as may be otherwise directed by the Court.
5) Each party shall bear the costs for production of witnesses on
his side including experts, or for production of documents.
6) The mediator may, before the commencement of mediation,
direct the parties to deposit equal sums, tentatively, to the
extent of 40% of the probable costs of the mediation, as referred
to in clauses (1), (3) and (4) The remaining. 60% shall be
deposited with the mediator, after the conclusion of mediation.
For the amount of cost paid to the mediator, he shall issue the
necessary receipts and a statement of account shall be filed, by
the mediator in the Court.
7) The expense of mediation including fee, if not paid by the parties,
the Court shall, on the application of the mediator or parties,
direct the parties concerned to pay, and if they do not pay, the
Court shall recover the said amounts as if there was a decree for
the said amount.
8) Where a party is entitled to legal aid under Section 12 of the
Legal Services Authorities Act, 1987, the amount of fee payable
to the mediator and costs shall be paid by the Legal Services
Authority concerned under that Act.
27. Ethics to be followed by the mediator. - The mediator shall:
1) follow and observe these Rules strictly and with due diligence;
2) not carry on any activity, or conduct which could reasonably be
considered as conduct unbecoming of a mediator;
44
3) uphold the integrity and fairness of the mediation process;

4) ensure that the parties involved in the mediation are fairly
informed and have an adequate understanding of the procedural
aspects of the process;
5) satisfy himself/herself that he/she is qualified to undertake and
complete the assignment in a professional manner;
6) disclose any interest or relationship likely to affect, impartiality
or which might seek an appearance of partiality or bias;
7) avoid, while communicating with the parties, any impropriety
or appearance of impropriety;
8) be faithful to the relationship of trust and confidentiality
imposed in the office of mediator;
9) conduct all proceedings related to the resolutions of a dispute,
in accordance with the applicable law;
10) recognise that mediation is based on the principles of self-
determination by the parties and that mediation process relies
upon the ability of parties to reach a voluntary, undisclosed
agreement;
11) maintain the reasonable expectations of the parties as to
confidentiality;
12) refrain from promises or guarantees of results.
28. Transitory 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.
45
Delhi High Court Mediation and Conciliation Rules

Rule 1 : Title.
These Rules shall be called the Mediation and Conciliation Rules,
2004.
Rule 2 : Appointment of mediator/conciliator.
(a) Parties to a suit or other proceeding may agree on the name of
the sole mediator/conciliator for mediating between them.
(b) Where, there are two or more sets of parties and are unable to
agree on a sole mediator/conciliator, the Court may ask each
party to nominate the mediator/conciliator or may nominate/
appoint the mediator/conciliator, as it deems fit.
(c) Where parties agree on a sole mediator/conciliator under clause
(a) or where the mediator/conciliator is nominated/appointed
by the court under clause (b), the mediator/conciliator need not
necessarily be from the panel of mediators/conciliators referred
to in Rule 3 nor bear the qualifications referred to in Rule 4 but
should not be a person who suffers from the disqualifications
referred to in Rule 5.
Rule 3 : Panel of mediators/conciliators.
(a) The High Court shall, for the purpose of appointing the mediator/
conciliator between the parties in suits or proceedings, prepare
a panel of the mediators/conciliators and put the same on the
Notice Board within thirty days of coming into force of these
Rules, with copy to the High Court Bar Association.
(b) (i) The District & Sessions Judge shall, for the purpose of
appointing the mediator/conciliator to mediate between
the parties in the suits or proceedings prepare a panel of
the mediators/conciliators within a period of thirty days
of the commencement of these rules and shall submit the
same to the High Court for approval. On approval of the
said panel by the High Court, with or without modification,
which shall be done within thirty days of the submission of
46
the panel by the District & Sessions Judge, the same shall be
put on the Notice Board.
(ii) Copies of the said panel referred in clause (i) shall be
forwarded to all the Subordinate Courts by the District &
Sessions Judge and to the District Bar Associations.
(c) The consent of the persons whose names are included in the
panel shall be obtained before empanelling them.
(d) The panel shall contain Annexure giving details of the
qualifications of the mediators/conciliators and their
professional or technical experience in different fields.
(e) The panel of mediators/conciliators appointed under Clause (a)
and clause (b) (i) shall normally be for a period of three years
from the date of appointment and further extension of the panel
of mediators/conciliators or any mediator/conciliator shall be
at the discretion of the High Court or the District & Sessions
Judge with the prior approval of the High Court, as the case may
be.
Rule 4 : Qualifications of persons to be empanelled under Rule 3.
The following persons may be enlisted in the panel of mediators/
conciliators under Rule 3, namely :
(a) 1. Retired Judges of the Supreme Court of India;
2. Retired Judges of the High Courts;
3. Retired District & Sessions Judges or retired Officers of
Delhi Higher Judicial Service;
4. District & Sessions Judge or Officers of Delhi Higher Judicial
Service.
(b) Legal practitioners with at least ten years standing at the Bar at
the level of the Supreme Court or the High Court or the District
Courts.
(c) Experts or other professionals with at least fifteen years
standing.
47
(d) Persons who are themselves experts in the mediation/

conciliation.
Rule 5 : Disqualifications of persons.
The following persons shall be deemed to be disqualified for being
empanelled as mediators/conciliators:
(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
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).
(e) such other categories of persons as may be notified by the High
Court.
Rule 6 : Addition to or deletion from panel.
The High Court or the District & Sessions Judge with prior approval
of the High Court, may in its/his discretion, from time to time, add or
delete any person in the panel of mediators/conciliators.
Rule 7 : Preference.
The Court shall, while nominating any person from the panel of
mediators/conciliators 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/conciliation
48
or who have special qualification or experience in the mediation/

conciliation.
Rule 8 : Duty of mediator/conciliator to disclose certain facts.
(a) When a person is approached in connection with his proposed
appointment as mediator/conciliator, he shall disclose any
circumstance likely to give rise to a reasonable doubt as to his
independence or impartiality.
(b) Every Mediator/conciliator shall from the time of his
appointment and throughout continuance of the mediation/
conciliation proceedings, without delay, disclose to the parties,
about the existence of any circumstance referred to in Clause
(a).
Rule 9 : Withdrawal of appointment.
Upon information furnished by the mediator/conciliator under Rule
8 or upon any other information received from the parties or other
persons, if the Court, in which the suit or proceeding is pending, is
satisfied, that the said information has raised a reasonable doubt as
to the mediator/conciliator’s independence or impartiality, it may
withdraw the appointment and replace him by another mediator/
conciliator.
Rule 10 : Procedure of mediation/conciliation.
(a) The parties may agree on the procedure to be followed by
the mediator/conciliator in the conduct of the mediation/
conciliation proceedings.
(b) Where the parties do not agree on any particular procedure to be
followed by the mediator/conciliator, the mediator/conciliator
shall follow the procedure hereinafter mentioned, namely :
(i) he shall fix, in consultation with the parties, a time schedule,
the dates and the time of each mediation/conciliation
session, where all parties have to be present;
49
(ii) he shall hold the mediation/conciliation at the place

prescribed by the High Court or the District & Sessions
Judge or the place where the parties and the mediator/
conciliator jointly agree;
(iii) he may conduct joint or separate meetings with the parties;
(iv) each party shall, ten days before a session, provide to the
mediator/conciliator a brief memorandum setting forth
the issues, which according to it, need to be resolved, and
its position in respect to those issues and all information
reasonably required for the mediator/conciliator to
understand the issue; such memoranda shall also be mutually
exchanged between the parties. However, in suitable/
appropriate cases, the period of ten days may be curtailed in
the discretion of the mediator/conciliator;
(v) each party shall furnish to the mediator/conciliator such
other Information as may be required by him in connection
with the issues to be resolved.
(c) Where there is more than one mediator/conciliator, the
mediator/conciliator nominated by each party may first confer
with the party that nominated him and thereafter interact
with the other mediator/conciliator, with a view to resolve the
dispute(s).
Rule 11 : Mediator/conciliator not bound by Indian Evidence Act,
1872 or Code of Civil Procedure, 1908.
The mediator/conciliator 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 12 : Representation of parties.
The parties shall ordinarily be present personally or through
constituted attorney at the sessions or meetings notified by the
50
mediator/conciliator. However, they may be represented by the

counsel with permission of the mediator/conciliator in such sessions
or meetings.
The party not residing in India, may be represented by the constituted
attorney at the sessions or meetings. However, it may be represented
by the counsel with permission of the mediator/conciliator in such
sessions or meetings.
Rule 13: Consequences of non-attendance of parties at sessions or
meetings on due dates.
If a party fails to attend a session or a meeting notified by the
mediator/conciliator on account of deliberate or willful act, the other
party or the mediator/conciliator 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 14 : Administrative assistance.
In order to facilitate the conduct of mediation/conciliation
proceedings, the parties, or the mediator/conciliator with the
consent of the parties, may arrange for administrative assistance by
a suitable institution or person.
Rule 15 : Offer 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/conciliator.
(b) Any party to the suit may make a, ‘with prejudice’ offer, to the
other party at any stage of the proceedings, with notice to the
mediator/conciliator.
Rule 16 : Role of mediator/conciliator.
The mediator/conciliator shall attempt to facilitate voluntary
resolution of the dispute(s) by the parties, and communicate the
view of each party to the other, assist them in identifying issues,
51
reducing misunderstandings, clarifying priorities, exploring areas

of compromise and generating options in an attempt to solve the
dispute(s), emphasizing 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.
Rule 17 : Parties alone responsible for taking decision.
The parties shall be made to understand that the mediator/conciliator
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/
conciliator give any assurance that the mediation/conciliation will
result in a settlement. The mediator/conciliator shall not impose
any decision on the parties.
Rule 18 : Time limit for completion of mediation/conciliation.
On the expiry of ninety days from the date fixed for the first
appearance of the parties before the mediator/conciliator, the
mediation/conciliation shall stand terminated, unless the Court,
which referred the matter, either suo motu, 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.
(a) When a mediator/conciliator receives factual information
concerning the dispute(s) 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/
conciliator subject to a specific condition that it be kept
52
confidential, the mediator/conciliator shall not disclose that

information to the other party.
(b) Receipt or perusal, or preparation of records, reports or other
documents by the mediator/conciliator, while serving in that
capacity shall be confidential and the mediator/conciliator
shall not be compelled to divulge information regarding those
documents nor as to what transpired during the mediation/
conciliation before any court of tribunal or any other authority
or any person or group of persons.
(c) Parties shall maintain confidentiality in respect of events that
transpired during the mediation/conciliation and shall not rely
on or introduce the said information in other proceedings as to :
(i) views expressed by a party in the course of the mediation/
conciliation proceedings;
(ii) documents obtained during the mediation/conciliation
which were expressly required to be treated as confidential
or other notes, drafts or information given by the parties or
the mediator/conciliator;
(iii) proposals made or views expressed by the mediator /
conciliator.
(iv) admission made by a party in the course of mediation/
conciliation proceedings;
(v) the fact that a party had or had not indicated willingness to
accept a proposal;
(d) There shall be no audio or video recording of the mediation/
conciliation proceedings.
(e) No statement of parties or the witnesses shall be recorded by
the mediator/conciliator.
Rule 21 : Privacy.
The Mediation/conciliation sessions or meetings would be
conducted in privacy where the persons as mentioned in Rule 12
53
shall be entitled to represent parties. However, other persons may

attend only with the permission of the parties and with the consent
of the mediator/conciliator.
Rule 22 : Immunity.
No mediator/conciliator shall be held liable for anything bonafide
done or omitted to be done by him during the mediation/conciliation
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 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/conciliation proceedings.
Rule 23 : Communication between mediator/conciliator and the
Court.
(a) In order to preserve the confidence of parties in the Court and
the neutrality of the mediator/conciliator, there should be no
communication between the mediator/conciliator and the
Court, except as stated in clauses (b) and (c) of this Rule.
(b) If any communication between the mediator/conciliator and
the Court is necessary, it shall be in writing and copies of the
same shall be given to the parties or the constituted attorney or
the counsel.
(c) Communication between the mediator/conciliator and the Court
shall be limited to communication by the mediator/conciliator:
(i) with the Court about the failure of the party to attend;
(ii) with the Court about the consent of the parties;
(iii) regarding his assessment that the case is not suited for
settlement through the mediation/conciliation;
(iv) that the parties have settled the dispute(s).
Rule 24 : Settlement Agreement.
(a) Where an agreement is reached between the parties in regard
to all the issues in the suit or proceeding or some of the issues,
54
the same shall be reduced to writing and signed by the parties

or their constituted attorney. If any counsel has represented the
parties, the conciliator/mediator may obtain his signature also
on the settlement agreement.
1. The agreement of the parties so signed shall be submitted
to the mediator/conciliator who shall, with a covering letter
signed by him, forward the same to the Court in which the
suit or proceeding is pending.
2. Where no agreement is arrived at between the parties,
before the time limit stated in Rule 18 or where, the
mediator/conciliator is of the view that no settlement is
possible, he shall report the same to the Court in writing.
Rule 25 : Court to fix a date for recording settlement and passing
decree.
(a) On receipt of any settlement, the court shall fix a date of hearing
normally within seven days but in any case not beyond a period
of fourteen days. On such date of hearing, if the court is satisfied
that the parties have settled their dispute(s), it shall pass a
decree in accordance with terms thereof.
(b) If the settlement dispose of only certain issues arising in the
suit or proceeding, on the basis of which any decree is passed
as stated in Clause (a), the court shall proceed further to decide
remaining issues.
Rule 26 : Fee of mediator/conciliator and costs.
(a) At the time of referring the dispute(s) to the mediation/conciliation,
the Court may, fix the fee of the mediator/conciliator.
(b) As far as possible, a consolidated sum may be fixed rather than
for each session or meeting.
(c) Where there are two mediators/conciliators as in clause (b) of Rule
2, the Court shall fix the fee payable to the mediators/conciliators,
which shall be shared equally by the two sets of parties.
55
(d) The expense of the mediation/conciliation including the fee of

the mediator/conciliator, costs of administrative assistance, and
other ancillary expenses concerned, shall be borne equally by
the various contesting parties or as may be otherwise directed
by the Court.
(e) Each party shall bear the costs for production of witnesses on
his side including experts, or for production of documents.
(f) The mediator/conciliator may, before the commencement of the
mediation/conciliation, direct the parties to deposit equal sums,
tentatively, to the extent of 40% of the probable costs of the
mediation/conciliation, as referred to in clause (d), including his
fee. The remaining 60% shall be deposited with the mediator/
conciliator, after the conclusion of the mediation/conciliation.
The amount deposited towards costs shall be expended by the
mediator/conciliator by obtaining receipts and a settlement of
account shall be filed, by the mediator/conciliator in the Court.
(g) If any party or parties do not pay the amount referred to
Clause (e), the Court shall, on the application of the mediator/
conciliator, or any party, issue appropriate directions to the
concerned parties.
(h) The expense of the mediation/conciliation including fee, if
not paid by the parties, the Court shall, on the application of
the mediator/conciliator or the parties, direct the concerned
parties to pay, and if they do not pay, the Court shall recover the
said amounts as if there was a decree for the said amount.
Rule 27 : Ethics to be followed by mediator/conciliator.
The mediator/conciliator shall :
1. follow and observe these Rules strictly and with due diligence;
2. not carry on any activity or conduct which could reasonably be
considered as conduct unbecoming of a mediator/conciliator;
3. uphold the integrity and fairness of the mediation/conciliation
process;
56
4. ensure that the parties involved in the mediation/conciliation

and fairly informed and have an adequate understanding of the
procedural aspects of the process;
5. satisfy himself/herself that he/she is qualified to undertake and
complete the assignment in a professional manner;
6. disclose any interest or relationship likely to affect impartiality
or which might seek an appearance of partiality or bias;
7. avoid, while communicating with the parties, any impropriety
or appearance of impropriety;
8. be faithful to the relationship of trust and confidentiality
imposed in the office of mediator/conciliator;
9. conduct all proceedings related to the resolutions of a dispute,
in accordance with the applicable law;
10. recognize that the mediation/conciliation is based on principles
of self-determination by the parties and that the mediation/
conciliation process relies upon the ability of parties to reach a
voluntary, undisclosed agreement;
11. maintain the reasonable expectations of the parties as to
confidentiality, refrain from promises or guarantees of results.
Rule 28 : Transitory provisions.
Until a panel of Mediators/Conciliators is prepared by the High Court
and the District & Sessions Judge as stated in Rule 3, the Courts, may
nominate a mediator/conciliator of their choice if the mediator/
conciliator 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/conciliator for resolving the
particular dispute(s).
qqq
57
Jharkhand High Court Ranchi

Order
No.- 01 /R&S. Dated Ranchi the 31st January, 2012
In view of the direction issued by the Hon'ble Supreme Court in the
case of Afcons Infrastructure Ltd. V. Cherian Varkey Construction Co.
(P) Ltd., (2010) 8 SCC 24, the Hon'ble the Chief Justice has been pleased
to order that while adjudicating the cases as mentioned hereinafter all /
the Subordinate Courts are directed to abide by the following guidelines
in connection with ADR process:-
"Every court shall form an opinion for a case that whether it is one
that is capable of being referred to and settled through ADR process or
not. Having regard to the tenor of provisions of Rule 1 -A of Order 10 of the
Code, the civil court should invariably refer cases to ADR process. Only in
certain recognized excluded categories of cases, it may choose not to refer
to an ADR process. Where the case is unsuited for reference to any of the
ADR processes, the court will have to briefly record the reasons for not
resorting to any of the settlement procedures prescribed under Section
89 of the Code. After completion of pleadings, to consider recourse to
ADR process under Section 89 of the Code, is mandatory. However, actual
reference to an ADR process in all cases is not mandatory. Where the
case falls under an excluded category there need not be reference to ADR
process. In all other cases reference to ADR process is a must.
The following categories of cases are normally considered suitable
for ADR process in the light of the aforesaid decision of the Hon'ble
Supreme Court:-
(i) All cases relating to trade, commerce and contract, including
• disputes arising out of contracts (including all money claims);
• disputes relating to specific performance;
• disputes between suppliers and customers;
• disputes between bankers and customers;
58
• disputes between developers/builders and customers;

• disputes between landlords and tenants/licensor and licensees;
• disputes between insurer and insured;
(ii) All cases arising from strained or soured relationships, including
• disputes relating to matrimonial causes, maintenance, custody
of children;
• disputes relating to partition/division among family members/
coparceners/co-owners; and
• disputes relating to partnership among partners.
(iii) All cases where there is a need for continuation of the preexisting
relationship in spite of the disputes, including
• disputes between neighbours (relating to easementary rights,
encroachments, nuisance etc.);
• disputes between employers and employees;
• disputes among members of societies/ associations/
apartment owners' associations;
(iv) All cases relating to tortious liability/including
• claims for compensation in motor accidents /other accidents;
and
(v) All consumer disputes, including
• Disputes where a trader/supplier/manufacturer/ service
provider is keen to maintain his business/professional
reputation and credibility or product popularity.
Following categories of cases are normally considered to be not
suitable for ADR process having regard to their nature:-
(i) Representative suits under Order 1 Rule 8 CPC which involve
public interest or interest of numerous persons who are not
parties before the Court. (In fact, even a compromise in such
59
a suit is a difficult process requiring notice to the persons

interested in the suit, before its acceptance).
(ii) Disputes relating to election to public offices (as contrasted
from disputes between two groups trying to get control over the
management of societies, clubs, association, etc.).
(iii) Cases involving grant of authority by the court after enquiry, as
for example, suits for grant of probate or letters of administration.
(iv) Cases involving serious and specific allegations of fraud,
fabrication of documents, forgery, impersonation, coercion etc.
(v) Cases requiring protection of courts, as for example, claims
against minors, deities arid mentally challenged and suits for
declaration of title against the Government.
(vi) Cases involving prosecution for criminal offences.
The above enumeration of "suitable" and "unsuitable" categorisation
of case is not intended to be exhaustive or rigid. They are illustrative,
which can be subjected to just exceptions or additions by the court/
tribunal exercising its jurisdiction/discretion in referring a dispute/case
to an ADR process."
All the Principal District Judges of Jharkhand including the
Principal Judicial Commissioner, Ranchi are hereby directed to ensure
the adrference of aforesaid direction and communicate all the Judicial
Officers posted in the concerned judgeship. They shall follow the decision
of the Hon'ble Supreme Court and the cases which are suitable for ADR
process be necessarily referred to Mediation Centres of the concerned
districts as per section 89 of the Code of Civil Procedure.
The Principal District Judges including the Principal Judicial
Commissioner, Ranchi shall also ensure the sending of Quarterly
statement to this court with regard to making reference and settlement of
cases, in separate sheet, along with the quarterly statement of statistics.
Be it noted that such reference and disposal by the Judicial Officer will be
reflected in the Annual Confidential Report of the officer.
60
By order,
Sd/- P.R.Dash,
Registrar General
Memo no. 303 - 36 R&S Dated, Ranchi the 31st Jan., 2012.
Copy forwarded to the all the Principal District and Sessions Judges,
Jharkhand / the Principal Judicial Commissioner, Ranchi / Secretary, Law
(Judl.)Department, Govt, of Jharkhand, Ranchi / The Director, Judicial
Academy, Jharkhand, Ranchi / The Member Secretary, JHALSA, Ranchi/
The Office of the Registrar General/ The Registrar (Admn.)/The Registrar
(Estab.)/ The Registrar (Vigilance)/ The Joint Registrar, List & Computer/
The Joint Registrar-cum-P.P.S. to Hon'ble the Chief Justice/ The Assistant
Registrar (Judl.J/The Section Officer, Vigilance Cell/The Section Officer,
Administrative (Appointment) Section Jharkhand High Court, Ranchi for
kind information and needful.
Sd/-
Registrar General
qqq
61
The Jharkhand State Legal Services Authority (Amendment) Regulation, 2013
The Jharkhand State Legal Services

Authority (Amendment) Regulation,
2013
Notification No. 12 dated 21/02/13
In exercise of the powers conferred under the provisions of Section
29A of the Legal Services Authorities Act, 1987 ( Act No. 39 of 1987)
as amended by Legal Services Authorities ( Amendment Act No. 59 of
1994) and in consultation with Hon’ble the Chief Justice, Jharkhand High
Court, whereever necessary to give effect to the provisions of the Act,
Jharkhand State Legal Services Authority is pleased to make the following
amendments in the Jharkhand State Legal Services Authority Regulation,
2002.
1. Short Title and Commencement- These Regulations may be
called the Jharkhand State Legal Services Authority(Amendment)
Regulation 2013 and they shall come into force at once.
2. Insertion of new Sub- Regulation 13 - After Sub Regulation 12 of
Regulation 18, the following shall be inserted namely-
13. The expenditure incurred on any single Legal Awareness Camp/
Legal Literacy Camp/Programmes etc. organized by District Legal
Services Authority shall not exceed Rs. 5,000/-.
3. Amendment of Regulation 25 –
(1) In Regulation 25 (a), for the words and figures “Rs. 600/-
(Rupees Six Hundred only)” the words and figures “ Rs. 5000
(Rupees Five thousand only)” shall be substituted.
and
for the words and figures “Rs. 200/- (Rupees Two Hundred
only)” the words and figures “ Rs. 2000 (Rupees Two thousand
only)” shall be substituted;
62
(2) In Regulation 25 (b), for the words and figures “Rs. 400/-
(Rupees Four Hundred only)” the words and figures “ Rs. 3000
(Rupees Three thousand only)” shall be substituted.
(3) In Regulation 25 (c), for the words and figures “Rs. 250/- (Rupees
Two Fifty only)” the words and figures “ Rs. 2000 (Rupees Two
thousand only)” shall be substituted.
(4) In Regulation 25 (d), for the words and figures “Rs. 150/-
(Rupees One hundred and Fifty only)” the words and figures “
Rs. 1000 (Rupees One thousand only)” shall be substituted.
4. Omission of Regulation 29 -Regulation 29 shall be omitted.
5. Amendment of Regulation 35 (a) Regulation 35- Composition
of the Lok Adalat; Existing Sub Regulation 1, 2 and 3 shall be
substituted as follows:
(1) At State Authority Level.- The Member-Secretary organizing
the Lok Adalat shall constitute benches of the Lok Adalats, each
bench comprising of a sitting or retired Judge of the High Court
or a serving or retired judicial officer and anyone or both of the
following:
(i) a member from the legal profession; and
(ii) a social worker of repute who is engaged in the upliftment of
the weaker sections of the people, including the Scheduled
Castes, the Scheduled Tribes, women, children, rural and
urban labour and interested in the implementation of legal
services schemes or programmes.
(2) At High Court Level.- The Secretary of the High Court Legal
Services Committee organising the Lok Adalats shall constitute
benches of the Lok Adalats, each bench comprising of a sitting
or retired Judge of the High Court or a serving or retired judicial
officer and anyone or both of the following:
(i) a member from the legal profession;
63
(ii) a social worker belonging to the category as mentioned in

item (ii) of sub-para (i) above.
(3) At District Level.- The Secretary of the District Authority
organising the Lok Adalats shall constitute benches of the Lok
Adalats, each bench comprising of a sitting or retired judicial
officer and anyone or both of the following:
(i) a member from the legal profession;
item (ii) of sub-para (i) above or a person engaged in para-
legal activities of the area, preferably a woman.
(4) At Subdivision Level.- The Chairman of the Subdivisional Legal
Services Committee organising the Lok Adalats shall constitute
benches of the Lok Adalat, each bench comprising of a sitting or
retired judicial officer and anyone or both of the following:
(i) a member from the legal profession; and
item (ii) of sub-para (i) above or a person engaged in para-
legal activities of the area, preferably a woman.
(b) Existing Sub-Regulation ‘4’ shall be renumbered as ‘5’.
6. Amendment to Regulation 37
(1) In Regulation 37 para (1) for the words and figures “Rs. 500/-
(Rupees Five Hundred only)”, the words and figures “Rs.5000/-
(Rupees Five Thousand Only)” shall be substituted.
(2) Insertion of New Para: The following new para shall be inserted
after Para I of Regulation 37.
However, DLSA shall be competent to spend an amount not
exceeding Rs.25000/- (twenty five thousand only) for Mega Lok
Adalat to be organized under guidelines of 13th Finance Commission.
However, this shall be operational only till the 13th Finance Commission
guidelines remain in force.(co-terminus with the period of 13th Finance
Commission)
64
7. Omission of Regulation 45. Regulation 45 shall be omitted.

8. Amendment of schedule after Regulation No.49.
Existing Schedule I, II, and III upto para (a) and (b) shall be omitted
and substituted by new schedule A,B,C,D and E as follows:-
Schedule A
(1) Consolidated fee for Legal Aid Counsel for High Court cases
(a) Writ petition contempt, LPA, Up to admission stage For final
First Appeal, Rs. 3000/- hearing Rs.
Second Appeal Cr. Revision Drafting fee Rs. 1000/- 3000/-
Civil Revision
(b) B.A., A.B.A. Quashing matter, CMP, Rs. 1500/- (One Time)
Transfer Petition, Misc. Appeal IA
and any other similar application
Consolidated fee for Legal Aid Counsel for cases before State
or Central Level Tribunal or Commission, Board of Revenue,
Divisional Commissioner or other like Forum
(a) For matters like original application, Up to admission stage For final
appeal etc. Rs. 2500/- hearing
Rs. 2500/-
Drafting Fee Rs. 1000/-
shall be admissible
(b) For interlocutory application, Rs. 1000/- (one time)
restoration, misc. or other like
matter
65
Schedule B
Fee for Legal Aid Counsels in Subordinate Court
Civil Cases
(1) Before District Judges including MACT,
Family Court, Labour Court
(a) For civil appeal Up to admission After final
stage Rs. disposal Rs.
1000/- 2000/-
(b) For original Civil, Labour, Matrimonial, , Rs. 4000/- Rs. 1000/- on
Probate, Succession, Letter of Administration, framing of issues
Arbitration, Land Acquisition, Insolvency or or points, Rs.
any other original proceeding 1500 on closure
of evidence and
Rs. 1500 on final
disposal
Drafting fee Rs.
500/- for (a) &
(b)
(c) For Misc. appeal, restoration application, Rs. 500/- Rs. 1000
Transfer application, misc. application etc.
(2) Before Civil Judge (Senior or Junior Divisions)
(a) For original suit Rs. 4000/- (Rs. 1000/- at the stage
of framing of issues or point, Rs.
1500/- after the closure of evidence
and Rs. 1500/- on final disposal)
Drafting fee Rs. 500/-
(b) For Execution application Rs. 2500/- (one time payment)
(c) For any other application or proceeding Rs. 1500/- (one time payment)
Criminal Cases
(1) Before Sessions Court
(a) For cases involving sentence of death or life Rs. 6000/- (1/3 on framing of charge,
imprisonment or imprisonment exceeding 7 1/3 on conclusion of evidence and
yrs. 1/3 on final disposal)
66
(b) For all other Sessions Cases including cases Rs. 5000/- (1/3 on framing of charge,
under Spl. Acts 1/3 on conclusion of evidence and
1/3 on final disposal)
(c) Criminal Appeal or Criminal Revision Rs. 2500/- (one time)
Drafting fee Rs. 500/-
(d) Bail or ABP Rs. 1500/- (one time)
(e) Any other application, IA etc requiring hearing Rs. 500/- per case
in the case.
(2) Before CJM/ ACJM, JM 1st Class or any Rs. 3000/- (1/3 payment at the
Judicial Magistrates under Special Act (Be it stage of framing of charge, 1/3 at
GR, Public or Private Complaint or the like) conclusion of evidence, 1/3 on final
disposal)
Bail application or any other application Rs. 500/- (one time)
requiring hearing in the case
Schedule-C
For cases before District Level Revenue Court or Executive Court i.e. Deputy
Commissioner, Addl. Commissioner, DCLR, SDO/SDM, City Magistrates
1. Appeal or original proceeding Up to admission stage For final hearing Rs.
Rs. 1000/- 2000/-
2. Misc. appeal, restoration proceeding Rs. 800/- Rs. 1700/-
or other misc. proceeding
Expl.
1. In batch matter with substantially similar pleading or nature or
arising out of same FIR, order or common judgement one extra fee of
Rs. 500/- for a set of three persons/cases shall be admissible subject
to a maximum of 3 times of original fee
2. The court fee, clerkage (10% of the fee), Tying charges, photo copy
and other misc. expenses shall be admissible on actual on production
of genuine bill
3. Court fee through Legal Aid shall be payable by way of judicial stamp.
67
4. The Executive Chairman, JHALSA, Chairman, (HCLSC) or Chairman

(DLSA or SDLSC) may in appropriate cases approve for availing the
services of any Legal Practitioner other then those on the panel of
JHALSA/HCLSC/DLSA or SDLSC.
5. Likewise, he may in appropriate cases approve for any Special Fee
different from the above prescribed fee or remuneration in any
special case to be paid to any legal Practitioner or Legal Aid Counsel.
SCHEDULE-D
Fee for Mediation
A. Honorarium/fee payable at the Level of High Court, JHALSA Rs. 2000 per case
or HCLSC Rs. 500 per case
1. For successful Mediation/ Conciliation Rs. 1400 per case
Rs. 350 per case
2. For unsuccessful Mediation/Conciliation
B. Honorarium/ fee at the District or Sub Division Level.
1. For successful Mediation/Conciliation
2. For unsuccessful Mediation/Conciliation
As the idea of enhancement of Mediation Fee was under consideration from Jan., 2010,
we hereby fix the Mediation Fee for the Period from Jan., 2010 till Notification of the
above, which is as follows:
A. Honorarium/Fee payable at the level of JHALSA/HCLSC Rs. 600
1. For Successful Mediation or Conciliation, per case Rs. 200
2. For un Successful Mediation or Conciliation, per case
B. Honorarium/Fee payable at the District level or Sub Division Rs. 500
Legal Services Authority Level Rs. 200
1. For Successful Mediation or Conciliation, per case
2. For un Successful Mediation or Conciliation, per case
68
Note:1. Any Mediation or Conciliation proceedings in pre-litigation matters at any

level of the Legal Services Authority or Committee shall be treated as taking
place at the level of District Legal Services Authority.
1. The newly amended fee structure as above shall be made effective after the
Notifications of the Resolution of this General Body Meeting
SCHEDULE E
Honorarium/Fee Payable
1 Honorarium/Fee Payable a. to Presiding Officer (Retd.) of the Rs.2000/- per
Lok Adalat held U/s 19 of Legal Services Authorities Act, sitting of Lok Adalat
1987 at the High Court Level.
b. Payable to other Members Rs.1000/- per
sitting of Lok
Adalat.
2 Honorarium/Fee Payable a. to Presiding Officer (Retd.) of the Rs. 100 per case
Lok Adalat held U/s 19 of Legal Services Authorities Act, subject to maximum
1987 at the District or Sub Divisional Level. of Rs.500 per
sitting of Lok Adalat
b. Payable to other Members Rs.75 per case
subject to Rs.375
per sitting of Lok
Adalat.
3 Honorarium/Fee payable to Retd Judicial Officers, Legal Aid Rs. 500/- per visit
Counsels or Panel lawyers attached to Legal Aid Clinics, to with detailed report
jails, Juvenile Justice Board, Remand Home, Observation of minimum of 5
Home, Probation Home, Shelter Home, if deputed by JHALSA, cases or 5 inmates
DLSA, HCLSC, SDLSC +expenses.*
4 Honorarium/Fee payable to Legal Aid Counsels/ Panel lawyers Rs. 350/- per visit+
other advocates, legal experts, social workers, law students, expenses*
attending the Legal Aid Clinics, Literacy awareness, or mobile
awareness camps in colleges, universities and other places if
deputed specially by JHALSA, DLSA, HCLSC, DLSA.
5 Honorarium/ Fee payable for utilization of specific services of Rs.250/- per visit+
the trained Para Legal Volunteers expenses*
69
6 a. Honorarium /Fee payable to outstation lawyers, other legal Rs.1000/- per day+
experts as Resource Person approved by JHALSA/HCLSC/ expenses*
DLSA/ SDLSC for imparting training of legal services.
b. Honorarium /Fee payable to local lawyers and other legal Rs.500/- per day+
experts as Resource Person approved by JHALSA/HCLSC/ expenses*
DLSA/ SDLSC for imparting training of legal services.
Provided also that in appropriate cases with prior
approval of the Hon’ble Executive Chairman of JHALSA,
special honorarium/ remuneration/ fee and other expenses
may be sanctioned in favour of any person being invited as
Resource Person for any National, State or district Level
Conference, Seminar, Workshop, Symposium etc.
*Expenses:
1. On actuals on production of Tickets by rail or by bus or on production
of vouchers or Rs. 5/- per Km, whichever is less.
2. Rs.150/- would be paid for Local traveling within the jurisdiction of
DLSA
3. With the prior approval of Executive Chairman, JHALSA; Chairman,
HCLSC; Chairman, DLSA and SDLSC respectively; above expenses
including bills for any other expenses may be sanctioned and passed
by the Member Secretary or Secretary as the case may be.
4. For organizing Awareness camps, Seminars, literacy programmes
etc, or supervising any other activity, DLSA can arrange transport
by hiring vehicle on need base locally with ceiling of 60 ltrs. Fuel per
month. The Chairman of the DLSA/ SDLSC may approve extra fuel
not exceeding 20 ltrs. in special case for such purposes the expenses
to be met out of State Legal Aid fund of the DLSA/SDLSC as the case
may be. The DLSA or SDLSC shall maintain proper Log Book for the
same. Actual incidental expenditure including typing misc. charges
incurred by the legal aid advocate will be reimbursed provided it is
supported by the vouchers and a certificate is given to that effect by
70
such Legal Aid advocates. Single set of honorarium shall be payable

in cases in which more than one person is involved.
This has concurrence of the Finance Department, Govt. of Jharkhand.
By order and in the name of

Jharkhand State Legal Services Authority
Sd/-
(B.K Goswami)
Member Secretary
(Principal District Judge)
qqq
71
72
Printed & Distributed by :
"NYAYA SADAN"
JHARKHAND STATE LEGAL SERVICES AUTHORITY (JHALSA)
Near A.G. Of ice, Doranda, Ranchi
Phone : 0651-2481520, Fax : 0651-2482397
Email : [email protected]
Website : www.jhalsa.org

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The Rule Book

This Booklet is also available on of icial website of JHALSA "www.jhalsa.org"

The rule book

This Reading Material is also available on Official Website of JHALSA “www.jhalsa.org”

1. Scheme for Training under

2. Mediation Rules - 2015......................................................................................... 8

3. Jharkhand High Court

4. The Jharkhand State Legal Services Authority

Scheme for Training under Mediation

The Supreme Court of India has constituted Mediation and Conciliation

(c) Experts or other professionals with at least fifteen years’

6. HONORARIUM TO MEDIATORS ACCREDITED BY MCPC

Mediation Rules - 2015

b) in exceptional cases, the Court may also appoint a mediator who

Rule 6: Disqualification of persons.

Nomination to a mediation proceeding shall not be perceived as a

d) In case of failure of resolution of the referred dispute, the

understandings, generating the options and developing option

capacity, shall be confidential and the mediator shall not be

the suit or proceeding to appear in a Court of Law to testify in regard

[2] Where no agreement is arrived at between the parties or where

Rs.500/- per case

Day - 2 (10.00 AM - 5.00 PM)

Day - 3 (10.00 AM - 4.00 PM)

Tea Breaks : 11.00 AM to 11.15 AM

Jharkhand High Court

1) For the purpose of Rule 2, the Union of India or the Government

to seek reference of the matter of arbitration as envisaged in

provisions of the Mediation Rules, 2003 in Part II, and in particular, by

there is a relationship between the parties which has to be

referred back again to the Court with a direction to the parties

or which relate to matrimonial, maintenance and child

referred to in Rule 4 but should not be a person who suffers

4. Qualifications of persons to be empanelled under Rule 3 - The

those who represent them, unless such objection is waived by

9. Cancellation of appointment - Upon information furnished by the

11. Procedure of mediation -

2) When a party gives information to the mediator subject to a

2) As far as possible a consolidated sum may be fixed rather than

3) uphold the integrity and fairness of the mediation process;

Delhi High Court Mediation and Conciliation Rules

(d) Persons who are themselves experts in the mediation/

or who have special qualification or experience in the mediation/

(ii) he shall hold the mediation/conciliation at the place

mediator/conciliator. However, they may be represented by the

reducing misunderstandings, clarifying priorities, exploring areas

confidential, the mediator/conciliator shall not disclose that

shall be entitled to represent parties. However, other persons may

the same shall be reduced to writing and signed by the parties

(d) The expense of the mediation/conciliation including the fee of

4. ensure that the parties involved in the mediation/conciliation

Jharkhand High Court Ranchi

• disputes between developers/builders and customers;

a suit is a difficult process requiring notice to the persons

The Jharkhand State Legal Services

(ii) a social worker belonging to the category as mentioned in

7. Omission of Regulation 45. Regulation 45 shall be omitted.

4. The Executive Chairman, JHALSA, Chairman, (HCLSC) or Chairman