pre-litigation mediation the other party may
conveniently abstain from participating in
the mediation and make it a non-starter.
Even otherwise, mediator can proceed ... before institution of a suit, where
no urgent interim relief is
contemplated and for this purpose, to
introduce the Pre-Institution
19
Mediation and Settlement
relief, can be
instituted, unless the plaintiff exhausts the remedy of
pre - institution mediation in accordance with the
manner and procedure as may be prescribed ... allow institution of the suit
without fulfilment of the prescribed act, namely, service of notice
(under section 80) or going for pre-institution mediation
mediation under Section 12A and stated that "pre-
mediation is the most important commercial law initiative perhaps in
the entire world where pre-mediation ... Panel pre-institution mediation with the list of the mediators. On 24
January 2019, the main Mediation Monitoring Committee approved
the Mediation Scheme
instituted the said suit without complying with the mandatory
provisions of pre-institution mediation under Section 12A of the
Commercial Courts Act, 2015. The Commercial ... institution of a suit,
which does not contemplate any urgent interim relief, is proscribed
unless the plaintiff exhausts the remedy of pre-institution mediation
respect of a commercial dispute is mandatorily required to
undertake pre-institution mediation. Only in the event, the plaintiff has
claimed that, the plaintiff requires ... disposed of expeditiously through
mediation at the pre-institution stage. A mandatory pre-institution
mediation will not only expedite the resolution of a commercial dispute
Section 12A of the CCA reads as under:
"12A. Pre-Institution Mediation and Settlement--(1)
A suit, which does not contemplate any urgent
interim ... mediation
before institution of a suit, which no urgent
interim relief is contemplated and for this
purpose, to introduce the Pre-Institution
Mediation and Settlement
birth of the said Act, there was no concept of pre-
institution mediation which sees the light of the day after introduction of
Chapter ... provisions further contained the
provision that the period within which the pre-institution mediation has to be
completed shall be excluded from the purview
instituted must enforce on such proposed plaintiff the mandatory pre-condition of pre-institution mediation, prescribed by the Act. The legislature has left no discretion ... institution of the suit proceedings. In fact, the institution of a suit would depend directly on the fate of the pre-institution mediation
Commercial Courts Act, which requires the plaintiff to resort
to pre-institution mediation before approaching the Court. The
respondent having not travelled the said route ... Commercial Courts Act as the
agency for pre-institution mediation under Section 12-A of the
Commercial Courts Act, vide notification dated 3rd July
stipulated pre-institution
mediation. Post institution mediation is possible under Section 89 of
the Code of Civil Procedure, 1908. Mediation post institution of the suit ... specified an
embargo in the institution of a suit without the plaintiff undertaking a
pre-institution mediation in such case where the plaintiff
