(1)
This
Scheme has been framed under Section 89 of the Code of Civil Procedure, 1908
and the relevant provisions of the Arbitration and Conciliation Act, 1996 in
order to facilitate the mediation and conciliation of disputes pending and
being filed in the Allahabad High Court Mediation and Conciliation Centre. (2)
This
Scheme shall be called the 'Allahabad High Court Mediation and Conciliation
Scheme'. (3)
This
Scheme shall operate from 16th October, 2006. (4)
For
the purpose of this Scheme, the term "Mediation" shall mean and
include "Conciliation". Cases suitable for referral to
mediation/conciliation include commercial and contractual matters, property
matters, partnership disputes, family matters including matrimonial and child
custody, family business matters, labour matters, landlord-tenant matters, etc.
However, the scope of these processes is not limited to the above types of
disputes and may cover all such and other disputes which the Court may find
appropriate for mediation and conciliation. (1)
Where
it appears to the Court that a case is appropriate for referral to
mediation/conciliation, the Court may refer such case to the Centre. (2)
The
Court may fix the date for appearance of the parties and their counsel at the
Centre and the time frame within which the mediation/conciliation ought to be
completed, directing that the matter should be listed before the Court at the
end of such period. (3)
For
this purpose 60 days may be considered as a reasonable time for an average
mediation/conciliation to be completed. In suitable cases, this period may be
reduced or extended as the Court deems fit. (4)
The
Court may fix a nominal sum to be paid to the Centre. The cost or any other
amount awarded to the Centre shall be paid by Demand Draft or Account Payee
cheque payable at Allahabad in favour of 'Registrar General, A/c Allahabad High
Court Mediation and Conciliation Centre'. (5)
At
the time of referral, the Court Registry will prepare a CASE SHEET (ANNEXURE A)
and the referring order. This case sheet shall be furnished to the Centre
within three days of the Court having passed the order of referral. Parties
shall file the copies of the pleadings with papers attested by them and any
orders passed by the Court, as the case may be. (1)
On
receipt of the Case Sheet, the Centre shall allocate/relocate a case to a
Mediator/Conciliator/s to mediate/conciliate the case. (2)
The
Centre shall, where the Court has not fixed a date, serve written notice on the
parties or their counsel (ANNEXURE B) informing them as to the name of the
Mediator/Conciliator/s and the date and time of the first mediation session. (3)
If
any of the parties have any objection to a Mediator/Conciliator/s appointed by
the Centre, they shall inform the Centre of this with reasons within one week
of receipt of the notice. On receipt of such objection, the Centre shall decide
whether to change the Mediator/Conciliator/s or not, and shall inform the
parties accordingly. (1)
The
parties may submit a brief summary of their case to the Centre at least three
days before the first mediation/conciliation session. (2)
The
Mediator/Conciliator/s shall meet with the parties and their counsel and
commence the mediation on the day fixed. (3)
At
the first session, the parties shall be provided with an information sheet
(ANNEXURE C) and shall sign and acknowledge the same. (4)
Subsequent
mediation/conciliation sessions are fixed by the Mediator/Conciliator/s, in
consultation with the parties. The number of sessions required may vary depending
on the complexity of the case. (5)
Where
a settlement is reached, the parties will sign a settlement agreement (ANNEXURE
D) and this will be filed into Court. (1)
At
any time after referral of the case by the Court, the Centre may report any of
the following in writing to the Court: (i)
The
failure of a party to participate in the mediation/conciliation. (ii)
A
request for extension of time. (iii)
Settlement
of a case with a request for early listing. (iv)
If
all parties agree, a request for any procedural action by the Court that would
facilitate the mediation. (v)
The
failure of the mediation. (2)
On
receipt of such report on (ANNEXURE E), the Court may then pass suitable orders
in the case. This Scheme may be modified by the High Court
from time to time. ALLAHABAD
HIGH COURT MEDIATION AND
CONCILIATION CENTRE (CASE
SHEET FURNISHED BY THE COURT TO THE CENTRE) 1.
Date of Referral: 2.
Name of the Hon'ble Judge referring the matter: 3.
Case Number: 4.
Category of Case: 5.
Name of Parties: 6.
Contact Information of Parties: 7.
Names and Contact Information of Counsel: 8.
Stage of the matter: 9.
When matter will be next listed before Court: 10.
List of documents Annexed to case Sheet: ANNEXURE
B ALLAHABAD HIGH COURT
MEDIATION AND CONCILIATION
CENTRE (WRITTEN NOTICE TO
THE PARTIES AND THEIR COUNSEL) This notice should inform the parties of the
following: 1.
The
referral of the case by the Court for mediation/conciliation. 2.
The
date of referral. 3.
Information
about the process of mediation. 4.
Name
of the mediator. 5.
That
the parties may object to the mediator appointed giving their reasons for doing
so within a fixed time. 6.
Date
and time of mediation session. 7.
Date
that the case will be next listed before Court. ALLAHABAD HIGH COURT
MEDIATION AND CONCILIATION
CENTRE (INFORMATION SHEET
FURNISHED TO THE PARTIES) Case Name: Case Number: Name of Mediator/Conciliator/s: (1)
This
mediation/conciliation is being conducted with the purpose of arriving at an
acceptable resolution by settling the dispute in a co-operative manner. Parties
should participate in this in good faith. (2)
The
Mediator/Conciliator will inform the parties of the time and date of the
mediation sessions. (3)
Representatives
of the parties with authority to settle the dispute agree to attend the
mediation/conciliation sessions and counsel of parties may also attend the
sessions. (4)
The
Mediator/Conciliator shall respect the confidentiality of information that the
parties request him/her to keep confidential. (Arbitration and Conciliation
Act, 1996, Section 75). (5)
The
parties shall not rely or' introduce as evidence in any proceedings the views,
suggestions or admissions expressed or made by a party, the proposals made by
the 'Mediator/Conciliator and indication of acceptance by a party during the
course of the mediation proceedings. (Arbitration and Conciliation Act, 1996,
Section 81). (6)
The
parties agree not to call the Mediator/Conciliator as a witness or as an expert
in any proceeding relating in any way to the dispute, which is the subject of
mediation. (Arbitration and Conciliation Act, 1996, Section 80). (7)
If
the parties reach a settlement, they shall sign an agreement to that effect and (1)
this
shall be filed into the High Court. muglui4aira (8)
The
entire process is a voluntary process and until parties reach settlement and
sign an agreement, any party is free to opt out of the process. (9)
If
the parties fail to reach settlement, the matter shall be referred back to the
High Court. Parties Signatures ALLAHABAD HIGH COURT
MEDIATION AND CONCILIATION
CENTRE (SETTLEMENT
AGREEMENT) This SETTLEMENT AGREEMENT entered in to on
....................................... between
................................................................ and
...................................................... WHEREAS 1.
Disputes
and differences had arisen between the parties hereto
and.................................................... was filed
on......................................................
before.................................. 2.
The
matter was referred to mediation/conciliation vide an order
dated...................................................... passed by................................................................ 3.
The
parties agreed
that................................................................ would act
as their Conciliator/ Mediator. 4.
Several
meetings were held during the process of Conciliation/ Mediation. from ...............................to
......................................and the parties have with the assistance
of the Mediator/ Conciliator voluntarily arrived at an
amicable solution resolving the above mentioned disputes and differences. 5.
The
parties hereto confirm and declare that they have voluntarily and of their own
free will arrived at this Settlement Agreement in the presence of the
Mediator/Conciliator. 6.
The
following settlement has been arrived at between the Parties hereto: A................................... B................................... C................................... 7.
By
signing this agreement the parties hereto state that they have no
further claims or demands against each other with respect to.............
(Case No.) and all disputes and differences in this regard have been
amicably settled by the parties hereto through the process of
Conciliation/Mediation. Date: Parties Signature Counsel's Signature: ALLAHABAD HIGH COURT
MEDIATION AND CONCILIATION
CENTRE FORM 5 REPORT TO COURT 1.
Court
Case No.: 2.
Referred
by: 3.
Date
of Referral: 4.
Mediators: 5.
Dates
of Mediation Sessions: (i)
Mediation
completed. Agreement enclosed Or (ii)
Mediation
completed. No agreement. Or (iii)
Parties
not willing for the mediation. Dated: Signed by Mediators:ALLAHABAD HIGH COURT MEDIATION
AND CONCILIATION SCHEME