Section 32 in Alternative Dispute Resolution and Mediation Rules, 2017
32. Settlement Agreement and Report.
(1)Where a lawful agreement is reached between the parties the same shall be reduced to writing and signed by the parties or their power of attorney holder. If any counsel have represented the parties, the mediator may obtain his signature also on the settlement agreement.(2)The settlement agreement signed by the parties along with his report shall be submitted by the Mediator to the Coordinator, Mediation Centre, who shall, with a covering letter signed by him, forward the same to the Court from which the reference has been received.(3)A copy of the settlement agreement shall be given to each of the party duly certifying them to be true by the Coordinator of the Mediation Centre.(4)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 Coordinator, Mediation Centre, before the time limit stated in Rule 26, who shall, with a covering letter signed by him forward the same to the Court from which the reference has been received.Provided that wherever the mediation fails, the mediator shall not express any opinion on the merits or demerits of the matter, conduct of the parties, the nature of process or causes which led to failure of mediation.(5)While forwarding the case back again to the Court the Coordinator of the Mediation Centre shall direct the parties to appear before the Court on a specific date.(6)Where a case is referred to Mediation the Court shall not take up the said case until a report is received from the Coordinator of the Mediation Centre.(7)Settlement Agreement signed by the parties or their Power of Attorney holder is non retractable, final and binding.
