Pre Litigation Mediation/Conciliation other than Pre Institution Mediation under Section 12A of Commercial Courts Act, 2015
The parties may individually or jointly approach the Delhi High Court Mediation & Conciliation Centre (Samadhan) directly for settlement of their disputes in the following manner:
The Applicant(s) may directly or through counsel submit his/her/their Application on our official Email id - mediation.dhc@nic.in .
I The Applicant/Applicant(s) are required to submit the following documents for filing Pre Litigation matters:
(a) Application addressed to “The Organising Secretary”, Delhi High Court, Mediation & Conciliation Centre, Samadhan. The Application shall be accompanied by Memo of Parties giving
address/ email address/ phone number of the Applicant(s)/Non Applicant(s).
(b) Description of the nature of dispute without any detailed allegations.
Note: In case, the matter filed is Commercial in nature and falls under Sec 12A of the Commercial Courts Act 2015, the same shall be filed before Delhi High Court Legal Service Committee.
(c ) Photograph(s) of the Applicant(s).
(d) ID proof of the Applicant(s).
Note: Id Proof of all the signatories are required at the time of signing of Settlement along with their passport size photographs (number can be verified with the staff at the time of settlement).
(e) One Non Judicial Stamp Paper of Rs.100/- under Article 5 General Agreement for recording the consent/agreement to appoint Mediator/Conciliator when both Parties join the conciliation
proceedings.
(f) Vakalatnama, if Application filed through an Advocate.
II After receiving an acknowledgement from the Mediation centre about the filing of the Application, the Applicant(s) is/are required to pay Rs.21000/- (Rs.1000/-towards Administrative charges and Rs.20000/- towards Honorarium for the Mediator/Conciliator) through Net Banking in the Name of Registrar General, Delhi High Court(Samadhan),Saving Bank Account No. 15530110147917 , UCO Bank, Delhi High Court Branch, IFSC Code UCBA0001553, under intimation to Delhi High Court Mediation Centre vide e-mail at –mediation.dhc@nic.in
Note: A blank cancelled cheque shall also be attached to the Application.
III Upon receipt of Application 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. In case of the opposite party agreeing to participate in the process of 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/ WhatsApp messages.
IV The Parties are required to pay Rs. 500/- per session towards room charges.
V 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 shall be sent through email.
VI (a) 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 “Non-Starter”.
(b) 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/Conciliator, for the purposes of resolution of their dispute, then also the matter shall be closed as “Non-Starter”.
Note: In both the cases (a) and (b) above): when matter is closed as “Non- Starter”, the amount of Rs.20,000/- (Rupees Twenty Thousand Only) deposited towards Honorarium charges shall be refunded to the person who deposited the said amount and has submitted a cancelled cheque.
VII After the Conciliated Settlement Agreement, if any, is arrived at, then the parties shall furnish the following:
(a) A non judicial stamp paper of Rs.100/- (Rupees One Hundred Only) under Article 58 – Conciliated Settlement Agreement on the date fixed for recording the terms of the “Conciliated Settlement Agreement”.
(b) Self attested passport size photographs of all the parties shall be affixed on the “Conciliated Settlement Agreement”.
(c) Self attested ID proofs of all the parties shall also be attached to the “Conciliated Settlement Agreement”.
VIII. In addition to the signatures, thumb impression of all the signatories to the “Conciliated Settlement Agreement” shall be affixed on each page of the “Conciliated Settlement Agreement” with name/s of the person whose thumb impression is affixed, along with proper indication of the thumb impression viz. Right Thumb Impression (RTI for Women) or Left Thumb Impression (LTI for Men) as the case may be.
IX One copy each in original of the “Conciliated Settlement Agreement” shall be supplied to the parties and/or their counsel free of cost.
Note: Subsequent copies, if required, shall be supplied on payment of Rs. 5/- (Rupees Five Only) per page and Rs. 50/- (Rupees Fifty Only) as Processing fee within three working days of the Application through Net Banking in the Name of Registrar General, Delhi High Court(Samadhan),Saving Bank Account No. 15530110147917 , UCO Bank, Delhi High Court Branch, IFSC Code UCBA0001553, under intimation to Delhi High Court Mediation Centre vide e-mail at –mediation.dhc@nic.in