Section 12 in Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018
12. Ethics to be followed by Mediator.
- The Mediator shall-(i)uphold the integrity and fairness of the mediation process;(ii)ensure that the parties involved in the mediation are fairly informed and have an adequate understanding of the procedural aspects of the mediation process;(iii)disclose any financial interest or other interest in the subject-matter of the commercial dispute;(iv)avoid any impropriety, while communicating with the parties to the commercial dispute;(v)be faithful to the relationship of trust and confidentiality reposed in him;(vi)conduct mediation related to the resolution of a commercial dispute, in accordance with the applicable laws for the time being in force;(vii)recognise that the mediation is based on the principles of self-determination by the parties and that mediation process relies upon the ability of parties to reach a voluntary agreement;(viii)refrain from promises or guarantees of results;(ix)not meet the parties, their representatives, or their counsels or communicate with them, privately except during the mediation sittings in the premises of the Authority;(x)not interact with the media or make public the details of commercial dispute case, being mediated by him or any other allied activity carried out by him as a Mediator, which may prejudice the interests of the parties to the commercial dispute.
