The Mediation and Conciliation Rules, 2004 are a set of rules established under the Arbitration and Conciliation Act, 1996 in India. These rules provide guidelines and procedures for conducting mediation and conciliation proceedings. Here are some key features of the Mediation and Conciliation Rules:
Scope and Application: The rules apply to mediation and conciliation proceedings conducted under Part III of the Arbitration and Conciliation Act, 1996. They are applicable to both domestic and international disputes.
Appointment of Mediator/Conciliator: The parties have the freedom to choose their mediator or conciliator. If the parties fail to agree on the appointment, the rules provide for the appointment process, including the role of the appointing authority.
Commencement of Proceedings: The rules outline the procedure for initiating mediation or conciliation proceedings, including the requirement of a written request by one party to the other, specifying the nature of the dispute and the relief sought.
Role of the Mediator/Conciliator: The rules define the role and functions of the mediator or conciliator, emphasizing their neutrality, impartiality, and duty to facilitate the resolution of the dispute. The mediator or conciliator helps the parties in identifying issues, exploring options, and assisting them in reaching a settlement.
Confidentiality: The rules emphasize the confidentiality of mediation and conciliation proceedings. The mediator or conciliator, the parties, and other participants are required to maintain confidentiality.
In India, the Mediation and Conciliation Rules, 2016 provide a comprehensive framework for the conduct of mediation and conciliation proceedings under the Arbitration and Conciliation Act, 1996. These rules outline the procedures, qualifications, and code of conduct for mediators and conciliators. Here are some key features of the Mediation and Conciliation Rules:
Application: The rules apply to all mediation and conciliation proceedings conducted under Part III of the Arbitration and Conciliation Act, 1996.
Qualifications of Mediators and Conciliators: The rules prescribe the qualifications and requirements for individuals to be empaneled or appointed as mediators or conciliators. It includes criteria such as age, educational qualifications, experience, and training in mediation or conciliation.
Appointment of Mediators and Conciliators: The rules provide for the appointment of mediators or conciliators by the parties or by an institution designated by the parties. The rules also allow the court to appoint a mediator or conciliator upon the application of the parties or on its own initiative.
“Mediation and Conciliation Rules” in India. The Arbitration and Conciliation Act, 1996, which governs arbitration, also includes provisions related to mediation and conciliation.
However, it’s important to note that various High Courts and mediation institutions in India have formulated their own rules and guidelines for conducting mediation and conciliation proceedings within their respective jurisdictions. These rules may vary across different states and institutions. For example:
The Delhi Mediation Centre (DMC) has its own set of rules and guidelines for conducting mediation proceedings in Delhi.
The Mediation and Conciliation Project Committee (MCPC) of the Supreme Court of India has formulated guidelines and rules for mediation proceedings in certain cases.
Some states, such as Maharashtra, Karnataka, and Tamil Nadu, have also formulated their own rules for mediation and conciliation processes.
It is advisable to refer to the specific rules and regulations of the relevant mediation center, institution, or High Court in your jurisdiction for detailed information on the mediation and conciliation rules applicable in that specific area. These rules typically cover matters such as the appointment of mediators, procedures for initiating and conducting mediation or conciliation, confidentiality, and the role of the mediator or conciliator.
In India, the primary legislation governing mediation and conciliation is the Arbitration and Conciliation Act, 1996. Part III of the Act specifically deals with conciliation and mediation. Here are some key provisions related to mediation and conciliation in the Indian law:
Section 61: Definitions: This section defines various terms related to mediation and conciliation, such as “conciliation,” “conciliation agreement,” “mediation,” and “mediator.”
Section 62: Application of certain provisions of Part I: Part I of the Arbitration and Conciliation Act, which deals with arbitration, applies to conciliation and mediation, subject to certain modifications mentioned in Section 62.
Section 63: Commencement of conciliation proceedings: This section outlines the process for initiating conciliation proceedings, including a written invitation by one party to the other to conciliate.
Section 64: Appointment of conciliator: Parties are free to appoint one or more conciliators for the resolution of their dispute. The Act also provides provisions for the appointment of a conciliator by a court or any other person or institution as agreed by the parties.
Section 65: Submission of statements to conciliator: Parties have the opportunity to submit written statements describing their respective positions to the conciliator.
Section 73: Confidentiality: The Act emphasizes the confidential nature of conciliation and provides that neither the conciliator nor the parties can disclose any information relating to the conciliation proceedings.
Section 73A: Settlement agreement: If the parties reach a settlement agreement through conciliation, it can be recorded and signed by the parties, and it has the same status and effect as an arbitral award.
It’s important to note that the Arbitration and Conciliation Act, 1996, provides a general framework for mediation and conciliation. However, the specific procedures, guidelines, and rules for mediation and conciliation may vary across different mediation institutions, courts, and jurisdictions within India. Therefore, it’s advisable to consult the specific rules and regulations of the relevant mediation institution, court, or jurisdiction for detailed information on mediation and conciliation in a particular context.
“Mediation Conciliation Rules” that exist in India. The primary legislation governing mediation and conciliation in India is the Arbitration and Conciliation Act, 1996.
Under the Arbitration and Conciliation Act, the provisions relating to mediation and conciliation are outlined in Part III of the Act. These provisions provide a framework for the conduct of mediation and conciliation proceedings, including the appointment of mediators or conciliators, the conduct of the proceedings, and the enforceability of settlement agreements reached through mediation or conciliation.
However, it’s important to note that various mediation institutions and centers, as well as individual courts, may have their own rules and guidelines for mediation and conciliation proceedings. These rules and guidelines are specific to the respective institution or court and may supplement the general provisions of the Arbitration and Conciliation Act.
To obtain detailed information on the mediation and conciliation rules applicable in a particular jurisdiction or institution in India, it is advisable to consult the specific rules and regulations of the relevant mediation institution or center, or the rules and guidelines of the concerned court.
