Section 10 in The Alternative Disputes Resolution Rules, 2004 and the Mediation Rules
10. Procedure of mediation. - (a) The parties may 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 the parties have to be present;(ii)he shall hold the mediation at any convenient location agreeable to him and the parties, as he may determine;(iii)he may conduct joint or separate meetings with the parties;(iv)each party shall, ten days before a session, provide to the mediator a brief memorandum setting for the issues, which according to it, need to be resolved, and its position in respect of those issues and all information reasonably required for the mediator to understand the issues such memoranda shall also be mutually exchanged between the parties;(v)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 him and shall thereafter interact with the other mediators, with a view to resolve the disputes.
