Section 25 in Alternative Disputes Resolution Rules, 2003
25. Fee of mediator and costs. - (1) At the time of referring the dispute to the mediator, the Court shall after consulting the mediator and the parties, fix the fee of the mediator.
(2)As far as possible, a consolidated sum may be fixed rather than for each session or meeting.(3)Where there are two mediators as in clause (b) of Rule 2, the Court shall fix the fee payable to the mediators which shall be shared equally by the parties.(4)The expenses of the mediation including the fee of the mediator, costs of administrative assistance, and other ancillary expenses concerned, shall be borne equally by the various contesting parties or as may be otherwise directed by the Court.(5)Each party shall bear the costs for production of witnesses on his side including experts, or for production of documents.(6)The mediator may, before the commencement of mediation, direct the parties to deposit equal sums tentatively to the extent of 50% of the probable costs of mediation, as referred to in clause (3), including his fee. The remaining 50% shall be deposited with the mediator, after the conclusion of mediation. The amount deposited towards costs shall be expended by the mediator by obtaining receipts and a statement of account shall be filed, by the mediator in the Court.(7)If any party or parties do not pay the amount referred to in sub-rule (5) ,the Court shall, on the application of the mediator, or any party, issue appropriate directions to the defaulting party. If the defaulting party does not pay the amount of expenses including fee, the Court shall recover the same as if it was a decree for the said amount.
