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State of Punjab - Section

Section 9 in Punjab State Mediation Rules, 2019

9. Code of Conduct For Mediators.

- Before commencing the Mediation process, the Mediator shall disclose to the parties, his interest in the outcome of the dispute or interest in any of the parties and/or any circumstances that are likely to give rise to justifiable doubt as to his independence or impartiality.In the event that any party expresses his reservation about any Mediator's neutrality or independence, the Mediator shall recuse himself from the matter and report the same to the coordinator or Registrar of the Centre.Every Mediator shall, without delay, on his discovery of any conflict of interest during the process of Mediation, disclose to the parties such an interest and forthwith recuse himself from the matter. Wilful failure to disclose his or her interest to the parties would amount to misconduct. No Mediator shall compel any Party to settle a dispute in a specific manner against the wishes of any of the Parties.No Mediator shall compel any Party to settle a dispute in a specific manner against the wishes of any of the Parties.No Mediator shall demand any favour or consideration or accept any gifts or inducement from any of the parties in any manner, before, during or after the completion of the process of Mediation, other than the fee prescribed or approved by the Centre.No Mediator shall represent any of the parties to the dispute in any case or advise, in any professional capacity, any parties to a dispute for a period of three years on conclusion of the Mediation, irrespective of whether the Mediation resulted in a settlement or not.No Mediator shall disclose any Confidential Information given by the parties during the course of Mediation to any court or any third parties or disclose any Confidential Information of one party to another party without the prior written consent of the disclosing party.No Mediator shall, after the commencement of the Mediation process, sit as arbitrator or conciliator or as judge in the same or connected case that has been referred for Mediation.No Mediator, after giving specific dates for Mediation, absent himself persistently without any justifiable cause.Every Mediator shall conduct himself with dignity and decorum and be polite with the parties.A Mediator shall not conduct local investigation.No Mediator shall visit the house or place of business/ office of any parties to a dispute that has been referred for Mediation before him.The Mediator shall not accompany any parties to the dispute, to any place, without notice and written consent of the other parties to the dispute.No Mediator shall be a custodian or act as an escrow agent of any properties or money in a matter under Mediation without the consent of the Nodal Officer of the concerned Mediation Centre.Chapter-3 Empanelment and Mediation Process