Section 6(f) in The U.P. Civil Procedure Alternative Dispute Resolution Rules, 2009
(f)Where under Clause (d), all the parties arc not able to opt and agree for conciliation or mediation, one or more parties may apply to the Court within thirty days of the direction under sub-rule (b) of Rule 3, seeking settlement through conciliation or mediation, 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 to conciliation and thereafter, 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 apply;(ii)In case all the parties agree for mediation, the Court shall refer the matter to mediation in accordance with the Uttar Pradesh Civil Procedure Mediation Rules, 2009 which 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 (sic apply) and in case the dispute is referred to mediation, the provisions of the Uttar Pradesh Civil Procedure Mediation Rules, 2009 shall apply.
