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Showing contexts for: mediation rules in Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005Matching Fragments
The draft Civil Procedure-Alternative Dispute Resolution and Mediation Rules as framed by the Committee read as under:
"Civil Procedure ADR and Mediation Rules (These Rules are the final Rules framed by the Committee, in modification of the Draft Rules circulated earlier, after considering the responses to the Consultation paper) Civil Procedure Alternative Dispute Resolution and Mediation Rules, 2003 In exercise of the rule making power under Part X of the Code of Civil Procedure, 1908 (5 of 1908) and clause (d) of sub-section (2) of Section 89 of the said Code, the High Court of .., is hereby issuing the following Rules:
(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 Civil Procedure Mediation Rules, 2003 in Part II 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 and in case the dispute is referred to mediation, the provisions of the Civil Procedure-Mediation Rules, 2003, shall apply.
(d) Persons who have experience in the matter of alternative dispute resolution procedures, and in particular in regard to conciliation and mediation, shall be given preference in the matter of empanelment for purposes of conciliation or mediation.
Rule 8 : Applicability to other proceedings :
The provisions of these Rules may be applied to proceedings before the Courts, including Family Courts constituted under the Family Courts Act (66 of 1984), while dealing with matrimonial, maintenance and child custody disputes, wherever necessary, in addition to the rules framed under the Family Courts Act, (66 of 1984). PART II CIVIL PROCEDURE MEDIATION RULES Rule 1 : Title :
(i) Venue of the Lok Adalar or permanent Lok Adalat.
(ii) Any place identified by the District Judge within the Court precincts for the purpose of conducting mediation.
(iii) Any place identified by the Bar Association or State Bar Council for the purpose of mediation, within the premises of the Bar Association or State Bar Council, as the case may be.
(iv) Any other place as may be agreed upon by the parties subject to the approval of the Court.
Rule 7: Preference:
The Court shall, while nominating any person from the panel of mediators referred to in Rule 3, consider his suitability for resolving the particular class of dispute involved in the suit and shall give preference to those who have proven record of successful mediation or who have special qualification or experience in mediation. Rule 8: Duty of mediator to disclose certain facts :