Under the Punjab and Haryana High Court Mediation Rules (Rule 12),
parties are mandated to attend mediation sessions, whether in person,
through legal representatives ... that all the parties
participate in the mediation process in terms of the
Mediation Rules, 2005.
xxx xxx xxx
43.3. In terms of Paragraph
following rules :-
MEDIATION AND CONCILIATION RULES, 2004
Rule 1 : Title
"The Rules will apply to all mediation and conciliation connected
with any suit ... These Rules shall be called the Mediation and
Conciliation Rules, 2004.
Rule 2: Appointment of Mediator/Conciliator
(a) Parties to a suit or other proceeding
Advocate as a "mediator" to mediate
between the parties. The settlement admittedly was a result of the
mediation between the parties. We, therefore ... prescribes
that in mediation, "such procedure as may be prescribed" has to be
followed.
66. The Mediation and Conciliation Rules, 2004, prescribing
Mediation being confidential in nature, a mediator shall be
faithful to the relationship of trust and confidentiality imposed
on him as a mediator. The mediator ... rules or statute.1 The
1
For instance, the California Rules of Court, 2017 contains one such: Rule 5.210. Court-connected child
custody mediation, rules
mediation process and shall make all
reasonable efforts to resolve the same through mediation in
accordance with the mediation rules of the International
Chamber ... mediation process, albeit afresh, was
accepted and the mediation proceedings commenced in which
the Respondent also participated. Therefore, the parties
understood that this mediation
Mediation Rules 2004 were framed in
Delhi.
ii. Does Affcons judgment affect the above position?
iii. Can Rule-25 be justified under general rule making ... case: a legal dichotomy.
xi. Rules vs. statutory enactment: which one will prevail?
xii. Validity of Rule 25 of Mediation Rules 2004.
xiii. Can mediation
Mediator and fix a
date for their appearance before the said Mediator.
(8) The Authority shall ensure that the mediation process
is completed within ... specified in Schedule-I of the Rules, and the DLSA, in terms of Rule 3(2) of
the Rules issued notice to the Defendant
institution
mediation is also compulsory for instituting a Counter-Claim.
22. The Commercial Courts (Pre-Institution Mediation and
Settlement) Rules, 2018 [hereinafter referred ... prior to the filing of a suit. Sub-rule (8) of
Rule 3 of Pre-Institution Mediation Rules provides that the mediation
process should
institution
mediation is also compulsory for instituting a Counter-Claim.
22. The Commercial Courts (Pre-Institution Mediation and
Settlement) Rules, 2018 [hereinafter referred ... prior to the filing of a suit. Sub-rule (8) of
Rule 3 of Pre-Institution Mediation Rules provides that the mediation
process should
representative
participated in the mediation and settlement process
because the matter was referred to settlement by the
court and mediation was carried ... Secretary of Delhi High Court Mediation and
Conciliation Centre, by her comments in writing filed on 11.03.2019,
referring to rulings of the Supreme Court
