GUIDELINES FOR AVAILING PRE-LITIGATION SERVICES:-
1. A party may approach the Centre by writing an Email and attaching an application for pre litigation/ conciliation on its email address mediation.dhc@nic.in. The party approaching the Centre shall provide contact information of the other party i.e. residential address, telephone number and email address.
2. The party shall deposit the mandatory fee of Rs.21,000/-(Rupees Twenty One Thousand Only) Rs.20,000/-(Rupees Twenty Thousand Only) towards mediation charges and Rs.1000/- (Rupees One Thousand Only) towards the administrative charges through Net Banking in the account of the Registrar General, Delhi High Court. The account details shall be intimated to the applicant through email after receiving the application and its verification by the Centre.
3. Having received the request for initiating On-Line Mediation/ Conciliation along with the requisite fee, the Centre shall appoint a Mediator/ Conciliator and then issue a request notice to the other side through email, calling upon the opposite party to participate in the voluntary Mediation / Conciliation process and give consent to participate in the voluntary mediation process not beyond ten days from the date of issue of the request notice. In case of the opposite party agreeing to participate in the process of pre-litigation mediation / conciliation, date and time shall be fixed by the Centre in consultation with the Mediator/ Conciliator for holding mediation/ conciliation session and both the parties shall be informed through email/ SMS/ WhatsApp messages.
4. In case the request notice sent by the Centre is not acknowledged or no response is received by the Centre to the request notice issued for Mediation/Conciliation then a final request notice, for a date not later than 10 days from the date of the request notice, shall be sent through email.
5. In case the final request notice remains unacknowledged or the opposite Party does not give consent for participation or refuses to participate, then the matter shall be closed as a Non-Starter.
6. In case the opposing party either fails to appear on the date and time fixed for Mediation/Conciliation or takes a rigid position on the first session of mediation/conciliation, leaving no scope of negotiations, in the opinion of the Mediator, for the purposes of resolution of their dispute, then also the matter shall be closed as a Non-Starter.
7. In both the cases when matter is closed as a Non- Starter, the amount of Rs.20,000/- (Rupees Twenty Thousand Only) deposited towards mediation charges shall be refunded to the person who deposited the said amount.
8. An amount of Rs. 500/-(Rupees Five Hundred Only), for each session shall be charged at the end of the proceedings which shall be deposited in the same account in the name of the Registrar General as mentioned above. Details of the number of sessions held for the purposes of mediation / conciliation shall be intimated to the parties with the amount payable by them through email. The copy of Mediation/ Conciliated Agreement/Non-Settlement or Non Starter Report shall be supplied to the parties only on showing proof of deposit of the charges.
9. In case the Mediation/Conciliation is concluded successfully, then the Mediator/ Conciliator shall prepare the “Conciliated Agreement” which shall be finalized by circulating to all concerned through email in accordance with the procedure detailed in paragraph(s) 7 to 13 of the Online Mediation Project under the head Fresh Reference from Court, available on the website of this court under the head ‘Public Notices - General’.
10. The parties shall provide stamp paper of Rs.100/- and shall also provide their passport size photographs. The finally approved Conciliated Agreement shall be signed by all the parties /their respective counsel(s) and the Mediator.