HAC Rules & Model Clauses
Mediation Rules
I. INTRODUCTION
1. Scope, Definition & Interpretation
- 1.1 Where the parties have agreed to refer their dispute to “HYDERABAD ARBITRATION CENTRE” (Hereinafter referred to as “HAC”) for mediation or to mediation in accordance with HAC Rules, the parties shall be deemed to have agreed that the mediation shall be conducted and administered by HAC in accordance with these Rules. The dispute may be referred to HAC for mediation, either by incorporating the reference into an agreement or by agreeing to resolve the dispute through mediation after the dispute has arisen, or by incorporating an Arb-Med-Arb clause or the same may be referred by any court/ Tribunal or other authority.
- 1.2 These Rules shall come into force on 1st January, 2019, and unless otherwise agreed by the parties, shall apply to all mediations administered by HAC to resolve the disputes, that might have arisen before or after these Rules came into force.
- 1.3 The parties may mutually agree upon a totally different set of Rules or may agree to modify any part of the Rules, as provided hereunder, at their own discretion. However, HAC shall have right to refuse to administer such mediation, if the Registrar/Secretary General is of the opinion that such Rules or modification hereof are not in the spirit of the mediation process or the Rules as provided hereunder.
- 1.4 Unless the context otherwise requires, the expression: –
- a. “Committee of the (Governing) Council” means a committee consisting of not less than three members of the Council appointed by the Chairman (which may include the Chairman) for better administration and discharge of the functions of the Council, as mandated under these rules;
- b. “Council” means the Governing Council of HAC and for the purpose of these rules and the better administration and discharge of the functions of the Council, as mandated under these rules, wherever the term ‘Council’ appears in these Rules, the same shall automatically refer and include “Chairman” and “Committee of the Council”, so appointed by the Chairman (as defined herein-below) of the Council;
- c. “Chairman” means the Chairman or Co-Chairman(s) of the Council and includes a Vice-Chairman;
- d. “Dispute” includes Family disputes and Domestic and International Commercial disputes;
- e. “International Commercial Disputes” mean disputes, which have arisen out of legal relationship, whether contractual or not, of commercial in nature and where at least one of the parties to the dispute has its place of business outside India, or is a non-resident Indian or where the cause of action has arisen outside India;
- f. “Registrar / Secretary General” means the Registrar / Secretary General of the Secretariat and includes any Deputy Registrar / Secretary General;
- g. “Rules” mean these Mediation Rules of the Hyderabad Arbitration Centre;
- h. “Secretariat” means the Secretariat of HAC, which will assist the Council in its work and will work under the direction of the Registrar / Secretary General.
- i. “Tribunal” includes Arbitral tribunal, statutory/Judicial/ Quasi-Judicial Tribunals.
- j. “Mediation” means and refers to a process, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons, lacking the authority to impose a solution upon the parties to the dispute and includes the process referred as “Conciliation”.
- k. “Mediator” means the third-party to the dispute, who on request, assist the parties in their attempt to settle the dispute amicably and includes Conciliator.
- 1.5 Any pronoun in these Rules shall be understood to be gender-neutral. Any singular noun shall be understood to refer to the plural in the appropriate circumstances.
2. Notices
- 2.1 For the purpose of these Rules, any Notice or Communication (including any invitation) shall be in writing and be served in the manner provided under the agreement between the parties and if there is no such provision in the agreement between the parties, all such written communications may be deemed to have been received, if it is delivered to the addressee in-person / by hand or through a registered post or courier at his place of business or habitual residence or such other mailing address agreed between the parties or transmitted through electronic communication viz., e-mail, facsimile., etc. or any other means that provides a record of its delivery thereof.
- 2.2 If, despite a reasonable inquiry, none of the aforementioned modes of service are possible, a written notice or communication is deemed to have been received, if it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered letter or by any other means
- 2.3 Any written Notice or Communication shall be deemed to have been received on the day it is delivered and in the case of a notice or communication transmitted through electronic means, on the day it is sent and such time shall be determined with reference to the recipient’s time zone.
II.COMMENCEMENT OF MEDIATION
3. Request and Invitation to mediate:
- 3.1 A dispute may be referred to HAC for Mediation under these Rules, where:
- a. There is an agreement between the parties to refer any dispute or difference, which may arise or has arisen out of or in relation to a contract, to mediation; or
- b. The parties agree among themselves that their dispute shall be referred to mediation in accordance with these Rules; or
- c. The dispute is so referred through any proceedings in any Court/Tribunal or before other authority; or
- d. The reference is made through or by an Arbitral tribunal under Arb-Med-Arb procedure.
- 3.2 Notwithstanding anything contained in Rule 3.1, any dispute may be referred to HAC for mediation under these Rules, irrespective of any prior agreement to mediate between the parties.
- 3.3 The party or parties wishing to commence mediation under these Rules, shall submit a ‘Request for Mediation’ (Form M1) with the Secretariat, which shall contain:
- a. request that the dispute be referred to mediation;
- b. the request shall include an invitation sent to the other party or parties, inviting it/them to commence the mediation process to amicably resolve the dispute.
- c. the names, addresses, telephone numbers, facsimile numbers and electronic mail addresses, if known, of the parties to the mediation;
- d. the name in full, address and other contact details of any person(s), representing the party(s) initiating the mediation process;
- e. a reference to and a copy of the mediation agreement that is invoked;
- f. a reference to (and where possible, a copy of) any contract(s) or other legal instrument out of or in relation to which the dispute arises;
- g. a statement briefly describing the nature and circumstances of the dispute; where possible an initial quantification or assessment of its value and specifying the relief or remedy sought;
- h. information on any ongoing litigation, arbitration or other proceedings
- i. a statement of any matters which the parties have previously agreed as to the conduct of the mediation, or for the qualification of the Mediator;
- j. name of the Mediator(s) as suggested/ nominated by the person(s) initiating the process.
- 3.4 All the documents, notices, etc. submitted by one party, shall be supplied in such number of copies sufficient to provide one copy for each Mediator and one for the secretariat and one copy to each party to the dispute, if not served to the parties personally.
- 3.5 Unless the request is being filed by all the parties jointly, the party initiating the mediation shall send a copy of such request and all the documents annexed with it, to all the parties to the dispute and shall notify the Registrar/Secretary General that it has done so, specifying the mode of service employed and the date of service.
- 3.6 Together with the Request, the party initiating mediation process shall:
- a. Submit the number of copies thereof required by Rule 3.4; and
- b. Make payment of the filing fee required by Appendix 1, 2 & 3 as in force, on the date the Request is submitted
- 3.7 The request to mediate is deemed to be completed when all the requirements of Rule 3.3, 3.5 and Rule 3.6 are fulfilled or when the Registrar/Secretary General determines that there has been substantial compliance with such requirements.
4. Acceptance or Refusal to Mediate
- 4.1 If the party initiating the mediation, has proposed a name of a Mediator in its request or invitation to mediate, then the other party or parties shall, within 14 days from the receipt of such request or invitation, reply to such request by either accepting the proposed Mediator’s name or rejecting his name or by proposing another Mediator’s name or by refusing to mediate. If the other party or parties fail to reply within 14 days, then that other party or parties would be deemed to have refused to mediate
- 4.2 In case of appointment of a Mediator by the Council in accordance with these Rules, the Registrar shall notify all the parties regarding the appointment of the Mediator. Any party may communicate its acceptance or objection to such appointment, in writing within 14 days from the date of intimation by Registrar. The party objecting to the appointment shall state its reason for the same and the Council may, if it considers it appropriate, appoint another Mediator keeping such objection in mind.
- 4.3 Acceptance to the name of Mediator shall be communicated by all the parties in writing. In case of no response from any party to the dispute, within the prescribed time, that party shall be considered to have refused to mediate.
- 4.4 In case of two or three Mediators, the Registrar shall call upon both the parties, asking each party to nominate one Mediator within 14 days, If the party fails to appoint within prescribed time, that party shall be considered to have refused to mediate.
- 4.5 If no Mediator is appointed or confirmed within 60 days from the date of request, the mediation would be deemed to have failed, except where parties agree to extend the time for appointment of the Mediator.
- 4.6 Acceptance shall be communicated by all the Parties. In case of acceptance by two or more parties but not by all, the Registrar shall decide, considering the nature of dispute, if the mediation can be commenced between such parties, who have accepted the appointment, without prejudice to the rights of other parties, who have not accepted the appointment.
III. APPOINTMENT OF MEDIATOR
5. Appointment of Mediator
- 5.1 There shall be one Mediator unless the parties agree otherwise
- 5.1 For all the mediations, to be governed by these Rules, the Council alone shall be empowered to appoint the mediator(s). The mediator(s) nominated or appointed by the parties or by third-party, shall be subject to appointment by HAC, in its discretion. Where the parties have expressly agreed for the appointment of mediator(s) by one or more parties or by third-party, such agreement shall be deemed to be an agreement to nominate such mediator under these Rules.
- 5.1 The party sending the request for mediation may propose a name for the appointment of Mediator and the other party shall accept or object to such name within a period of 14 days. The other party while objecting to the proposed Mediator, may propose a name of another Mediator, for which the first party may accept or object within next 7 days from the receipt of such objection/proposal.
- 5.1 Where all the parties to the dispute, agree on a name for appointment of Mediator and so named Mediator also agrees to mediate the dispute, such Mediator may be appointed by the Council, subject to Rule 5.2. Such mediator shall start the mediation process in accordance with these Rules.
- 5.1 Where the parties fail to agree on the name of a Mediator within 21 days from the date of filing of complete ‘Request to Mediate’ or where no name is proposed by the party or parties initiating the mediation, the Registrar shall refer the matter to the Council, who shall, if it considers it appropriate, appoint a Mediator considering the nature and circumstances of the dispute and the Registrar shall notify the parties about the appointment, as per these Rules.
- 5.1 The parties may accept or object to such Mediator, as appointed by the Council under Rule 5.5, by stating reasons in writing within 14 days and the Council may appoint another Mediator keeping such objection in mind
- 5.1 Unless, the parties have agreed otherwise, where parties agree to have two or three Mediators, each party shall nominate one Mediator and in case of three Mediators, the Council shall appoint the third Mediator, in accordance with these Rules, who shall be the Presiding Mediator and Rule 5.6 shall apply mutatis mutandis to such appointment.
- 5.1 Appointment of Mediator under Rule 5.5. & 5.7 by HAC, if not objected by any party to the dispute, shall be considered to be made on the agreement of the parties.
6. General Rules of Appointment
- 6.1 The Council, while making the appointment of a Mediator shall consider such qualifications or attributes, that might have been agreed upon by the parties in their agreement or otherwise.
- 6.1 If no qualifications/attributes have been agreed upon by the parties, then the Council shall consider factors among others, including nationality, language skills, qualification, experience, training or other details specific to the dispute.
- 6.1 The Registrar shall confirm the availability of the Mediator, before the appointment of such Mediator to any dispute.
- 6.1 Before appointment, the Mediator shall sign a statement of availability, impartiality, independence and neutrality and shall accept the prospective appointment in writing to HAC in prescribed form.
- 6.1 The Mediator shall conduct reasonable inquiries as to the conflict of interest that may exist with respect to the dispute. The Mediator shall disclose all such facts and circumstances to HAC that may give rise to justifiable doubts as to his neutrality, impartiality or independence including but not limited to:
- a. Any interest, financial or otherwise, in subject matter of the dispute.
- b. Any relation or prior engagement with any of the parties to the dispute or with their legal representatives or their respective Law Firms.
- c. Any actual or potential for bias or prejudice that the Mediator may have against any party to the dispute or with respect to the subject matter of the dispute.
IV.MEDIATION PROCEEDINGS
7. Conduct of Mediation
- 7.1 Mediation proceedings shall commence on the day:
- a. when the other party or all the parties to the dispute accept the invitation to mediate; or
- b. where the request to mediate is made by all the parties jointly; on the day when the request is made; or
- c. Before appointment,when the dispute is referred for mediation by staying the Arbitration proceedings under Arb-Med-Arb procedure; or
- d. on the day, when reference is received by HAC, from Court/Tribunal or other authority; or
- e. as may be determined by the Registrar.
- 7.2 The parties may agree on the manner in which the mediation proceedings shall be conducted, but where no such conduct has been agreed between the parties, the Mediator shall follow the conduct as stated in these Rules.
- 7.3 Mediator shall fix the day and time for the mediation session(s), in consultation with the parties.
- 7.4 Unless otherwise agreed between the parties, mediation shall be conducted in English language and shall take place at HAC Centre. The parties may request or suggest another place to conduct session(s), as per parties’ and Mediator’s convenience.
- 7.5 Mediator shall not be bound by any provisions of Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.
- 7.6 The mediation sessions shall be conducted in privacy and Mediator shall not allow any person other than the parties-in-person or their duly authorized persons, to attend such sessions; except with the written permission of all the parties.
- 7.7 Each party or their representatives/lawyers may provide to the Mediator, not less than 10 days before the 1st session, a brief statement or memorandum setting forth the issues, which needs to be resolved and their positions with respect to those issues and all such information reasonably required for the Mediator to understand the issue, supplemented by any documents or evidences that any party deems appropriate. The Mediator may at his sole discretion accepts such statement or memorandum at a period less than 10 days.
- The Mediator may conduct joint or separate meetings with the parties.
8. Parties Representation
- 8.1 Mediation proceedings shall be attended by the parties personally or by the person who is duly authorized in writing, to enter into settlement agreement on behalf of the parties
- 8.2 If one of the parties is accompanied or represented by a legal counsel, the other party shall also be entitled to such assistance by a legal counsel
- 8.3 The parties shall inform each other, the Mediator and the Secretariat in advance, about the details such as name, address, designation, phone number and e-mail address of the person, who will be representing them in mediation sessions.
9. Time limit for Completion of Mediation
- 9.1 The process of mediation shall be concluded/ completed within three months from the date of appointment of Mediator.
- 9.2 If the mediation could not be concluded within three months, then on expiry of three months, the process of mediation shall stand terminated, except where the parties agree to extend the period of mediation.
- 9.3 Notwithstanding anything provided under Rules 9.1 & 9.2, in case of mediation referred by court/Tribunal, or Arb-Med-Arb proceedings, where the time is pre-defined to conclude the mediation proceeding, the mediation shall stand terminated on the expiry of that pre-defined period, given by the court/Tribunal or Arbitral Tribunal. On the expiry of such period, if the Mediator is of view that a settlement is possible in such matter, the Mediator or HAC on the request of Mediator, may request to the court/tribunal or Arbitral Tribunal for the extension of time.
10. Role of Mediator
- 10.1 Mediator shall attempt to facilitate voluntary resolution of the dispute by the parties, and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to resolve the dispute.
- 10.2 Mediator shall emphasize that it is the responsibility of the parties to take a decision, which affects them and he shall not impose any terms of settlement on the parties.
- 10.3 While facilitating a settlement between the parties, the Mediator shall be guided by principles of objectivity, fairness and justice; considering the nature and circumstances of the dispute, rights and obligations of the parties, prevalent market/trade/ business practices, if any.
- 10.4 The Mediator shall conduct the mediation in an impartial and independent manner and shall ensure that all the parties have adequate opportunity to be heard.
- 10.5 The Mediator shall adhere to confidentiality, as a ground Rule of mediation process.
- 10.6 The Mediator may communicate with parties together in a joint session or with each of them separately in private sessions, as he deems appropriate.
- 10.7 The Mediator may only disclose such factual information concerning the dispute, received from one party to the other party, for which the party disclosing it has specifically authorized the Mediator to do so.
- 10.8 The Mediator may conduct the proceedings in such manner as he considers appropriate and shall endeavor to accommodate any special request from any of the parties, including oral statement, speedy resolution, etc.
- 10.9 The Mediator may take expert advice or technical assistance, where required, with the consent of the parties.
- 10.10 The Mediator may at any stage of the proceedings, make proposals for the settlement of the dispute.
- 10.11 The Mediator shall maintain a docket, briefly describing at which stage the proceedings are and update the Secretariat about the stage of the proceedings, after every session. The Mediator shall refrain from entering any information or details of the substance of dispute or any relevant information in docket proceedings.
- 10.12 The Mediator shall always follow the Mediator’s Code of Conduct as defined in these Rules.
- 10.13 The Mediator shall explain the mediation process to the parties, before the mediation begins and shall ensure that they consent to the process. The Mediator shall further ensure that the parties have understood their roles as parties and role of Mediator and the confidentiality obligations involved in mediation process.
11. Settlement
- 11.1 The parties shall participate in mediation proceedings in good faith with an intention to settle the dispute.
- 11.2 11.2 Any party, at any stage of the proceedings, may offer a settlement to the other party, with notice to the Mediator. Any settlement offered by any party shall be “without prejudice” to their legal rights available under applicable laws, in case no settlement is arrived at.
- 11.3 If the parties agree on the settlement terms or reach agreement on all or some of the issues in the mediation proceedings, the parties shall put those agreed terms in writing into a settlement agreement. If requested, the Mediator may assist the parties in drawing up the settlement agreement parties but the parties remain responsible for the content of the settlement agreement.
- 11.4 If any legal counsel is representing any party, the Mediator may also obtain signature of such legal counsel on the settlement agreement.
- 11.5 Once signed by all the parties or their representatives, the settlement agreement shall be authenticated by the Mediator.
- 11.6 After the settlement agreement is duly signed and authenticated, the Mediator shall hand-over the original settlement agreement to such Party(s), as may be agreed between the parties and unless the parties agree otherwise, shall submit a copy of the settlement agreement to the Registrar.
- 11.7 The settlement agreement signed by the parties shall be binding on the parties and on the persons claiming through them.
- 11.8 Duly signed and authenticated settlement agreement shall have the same effect as that of an arbitral award on agreed terms and is enforceable as if it was a decree of a court.
- 11.9 In the case of Arb-Med-Arb procedure or reference from any court or tribunal, and unless the parties agree otherwise, HAC/Mediator shall forward a copy of the settlement agreement to the Arbitral tribunal/court/tribunal, as the case may be.
12. Confidentiality
- 12.1 The Mediator and the parties shall keep all the information, documents, records, reports, communications, settlement talks, negotiation, offers, counter-offers, etc. pertaining to the mediation proceedings, confidential.
- 12.2 Any record, report, documents obtained or prepared in the course of mediation shall be kept confidential and such documents shall not be produced before any court or tribunal, as evidence, on behalf of or against any party to the mediation, except and unless required by Law.
- 12.3 The Mediator shall not be compelled to divulge any information or document pertaining to the mediation before any court of law or tribunal, except and unless required by Law.
- 12.4 Except and unless required by Law, no party shall rely on or produce or use as evidence against other party, in any proceedings before any court of law /Tribunal / arbitral tribunal or any other statutory or quasi-judicial authority, as the case may be, whether or not such proceedings relate to the dispute that is subject of mediation proceedings:
- a. Any statement made or view expressed by any party in the course of mediation;
- b. Any admission made by any party in the course of mediation;
- c. Any statement made or view expressed or proposal for settlement suggested by the Mediator;
- d. The fact that a party was or was not willing to accept a proposal;
- e. Drafts of settlement agreement exchanged between the parties.
- 12.5 There shall be no audio or video recording of the mediation proceedings.
- 12.6 Mediator shall not record any statement of the parties or witnesses, made during the process of mediation.
- 12.8 Any communication from Mediator or HAC to any court or tribunal, shall not divulge any information as to the substance of the dispute and shall be limited to communication by the Mediator or HAC:
- a. about the failure of a party to attend;
- b. about the consent of the parties;
- c. about the assessment of the matter that the dispute is not suited for settlement through the mediation;
- d. about the settlement of the dispute between the parties;
- e. about the fact that the mediation process has failed and no settlement could be achieved between the parties.
- 12.9 Settlement agreement and terms thereof shall be kept confidential by the parties, except where its disclosure is necessary for the purpose of implementation and enforcement or where its disclosure is required by law.
- 12.10 The Mediator shall not be bound by the confidentiality clause with respect to the information or any documents came to his knowledge in the course of mediation, wherein such information or documents, pertain to planning, preparation or committing of any illegal or unlawful act.
13. Termination of the mediation proceedings
- 13.1 Mediation shall be terminated on expiry of prescribed time given under these Rules or in the case of court/tribunal referred mediation, on the expiry of time provided by such court or tribunal for the completion of Mediation proceedings.
- 13.2 Notwithstanding Rule 13.1, the mediation proceeding may be terminated before the expiry of prescribed period, on the successful execution of a settlement agreement.
- 13.3 Either parties may withdraw from the mediation proceedings without stating any reason, by serving a notice to the Mediator and HAC of their intention to withdraw. In such event, the mediation process shall be terminated from the date of such notice.
- 13.4 The Mediator may terminate the mediation process by withdrawing from the mediation, if parties entered into an illegal bargain / negotiation or where parties enter in an agreement, which is illegal in nature and in sheer violation of law.
- 13.5 The Mediator may terminate the mediation process in consultation with the parties, where the Mediator is of the view that further efforts to mediate the dispute is not justified or that the mediation will not resolve the dispute between the parties.
- 13.6 The mediation proceedings in court or tribunal referred disputes may be terminated by a specific order from such court or tribunal to that effect.
- 13.7 The mediation proceedings shall be terminated by the Mediator, where one of the parties has failed to attend the sessions consecutively for two times, without any notice to Mediator
- 13.8 On termination of the mediation process, the Mediator shall submit a Report to HAC, detailing on the process adopted, adherence to these Rules, update as to success or failure of the mediation process, along with a copy of the settlement agreement, if signed.
- 13.9 Where mediation has been initiated on reference from a court or Tribunal, on termination of such mediation, HAC shall send status report to Court or tribunal, adhering to the confidentiality clauses as stated in these Rules
- 13.10 On termination of the mediation, the parties shall complete the Feedback form (Form M4) as given in Appendix 4 and submit the same with HAC.
14. Exclusion of Liability
- 14.1 The Mediator shall not be held responsible for any civil, criminal or tortious liability, regarding any act done or omitted to be done by him, in good faith during the mediation proceedings.
- 14.2 HAC or any of its office bearer or employee shall not be held liable to any person for any act, legally done or omitted to be done, in relation to the mediation proceeding.
- 14.3 The Mediator shall not be summoned by any party to the proceedings to appear before any court or Tribunal, to testify regarding any information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation proceedings.
- 14.4 The parties, jointly or severally, release, discharge and indemnify, the Mediator and HAC or its office bearer/employees, in respect of all liabilities whatsoever with respect to any act done or omitted to be done with respect to the mediation proceedings, except where fraud or violation of code of conduct is involved.
15.Administrative & other Assistance
- 15.1 HAC will provide administrative assistance to the Mediator for the mediation process with regards to organizing meetings with parties, organizing venue and making arrangements for the witness evidence, expert opinion, if required, and the like.
- 15.2 The Secretariat may also lend its assistance in drafting settlement agreement, if required.
- 15.3 Where dispute has been referred directly to HAC for mediation by the court or tribunal, any communication to such court of tribunal regarding the mediation, shall be done only through HAC.
V.COSTS
16. Costs of Mediation
- 16.1Unless otherwise agreed between the parties, each party shall bear its own costs including costs for production of their respective witnesses, experts or for production of any documents, etc.
- 16.2Unless otherwise agreed between the parties, the following costs and expenses shall be borne equally by the parties:
- a. The Mediator’s fee and other ancillary expenses;
- b. The Mediator’s fee and other ancillary expenses;
- c. Costs and expenses for calling of the witness, expert advice, etc. if requested by Mediator with the consent of parties.
- 16.3 Commercial Mediator fee and administrative fee shall be fixed by the Registrar in accordance with HAC Mediation Fee Structure, provided in Appendix -1 & 2, as updated from time to time.
- 16.4 Notwithstanding anything contained in Rule 16.3, parties and Mediator on mutual agreement, may agree on a different fee structure for Commercial Mediator’s fee.
- 16.5 Fee for Senior Commercial Mediator shall be fixed by the concerned Senior Mediator, which may vary from dispute to dispute.
- 16.3 The registration charges shall be paid by the party requesting to initiate the mediation process. The parties may agree to share such cost in any manner among themselves.
- 16.6 The initial deposit & further deposits, as required to be deposited by HAC, shall be deposited by each of the parties, on or before the date, as may be fixed by the Registrar. In event of non-payment of such deposits within the prescribed time, the Registrar shall suspend the mediation proceedings.
- 16.7 During the course of mediation, the Mediator or Registrar may ask the parties to submit supplementary amount within the prescribed time, failing which the Mediator or Registrar may suspend the mediation proceedings.
- 16.8 On termination of the mediation process, surplus amount, if any shall be returned to the parties.
VI. MEDIATOR’S CODE OF CONDUCT
17. Code of Conduct:
- 17.1 Mediator shall:
- a. follow and observe these Rules strictly and with due-diligence;
- b. not carry on any act or conduct contrary to the conduct of a Mediator;
- c. disclose any interest, conflict of interest or potential biases with the dispute or subject matter of dispute involved in mediation, as soon as such interest or conflict or biases come to the knowledge of the Mediator;
- d. maintain his independence, neutrality and impartiality with respect to the dispute and to disclose any such circumstances, which may likely to affect his independence, neutrality or impartiality in the matter;
- e. uphold integrity and fairness of mediation process;
- f. ensure that parties to the mediation have an adequate understanding of the procedure involved in mediation;
- g. avoid any impropriety or appearance of impropriety while communicating with the parties or their representatives;
- h. uphold and maintain the trust and confidentiality imposed on Mediator under the fiduciary relationship with the parties;
- i. refrain from using any duress or coercion in order to force any party to enter into settlement;
- j. refrain from proposing or entertaining any offer or proposal for settlement, involving an illegal or anti-social element;
- k. conduct the mediation proceedings in compliance with relevant applicable law;
- l. refrain from testifying or adducing evidence in any judicial, arbitral or other proceedings against any party to the mediation or in favour of any party, regarding any fact or information which he acquired knowledge of through the mediation process, unless required under law or all the parties to the mediation agree to such evidence or testimony.
18. Violation of Code of Conduct:
- 18.1If the Mediator violates any of the code of conduct as stated in Rule 17, the parties may immediately bring it to the notice of HAC, who shall enquire into such complaint as priority.
VII.MEDIATOR’S CODE OF CONDUCT
19. General Provisions:
- 19.1Unless otherwise agreed by the parties in writing, the Mediator shall not act nor shall have acted as Judge, arbitrator, attorney, advisor, representative, witness in any judicial, arbitral or similar proceedings relating to the dispute, which is the subject-matter of mediation proceedings.
- 19.2Unless the parties agree otherwise, the parties undertake not to initiate, during the mediation proceedings, any arbitral or judicial proceedings in respect of a dispute that is a subject of the mediation proceedings, except that a party may initiate arbitral or judicial proceedings, where in his opinion, such proceedings are necessary for preserving his rights.
- 19.3HAC shall be the sole authority for interpretation of any of the Rules as stated herein.
- 19.4HAC reserves its right to modify any Rule(s) provided herein, and the parties to the dispute, hereby agree and accept such modification.
- 19.5Any of the procedures as stated herein, may be altered by HAC, in its sole discretion, to fit the circumstances of any case. No party shall have any right to challenge such discretion exercised by HAC.
- 19.6Role of HAC under these Rules shall be administered by its Registrar/Secretariat/ General Council, as the case may be.