GUIDELINES FOR PRE-INSTITUTION MEDIATION UNDER COMMERCIAL COURTS ACT, 2015
1. The application by a party to commercial dispute for initiation of commercial dispute may be filed as per Form I specified in Schedule I of the Rules along with fee of Rs. 1000/- payable in the name of ‘DSLSA Mediation’, in UCO Bank, Patiala House Court Branch, Account No. 18580110086926 having IFSC Code UCBA0001858.
Upon receipt of application with the prescribed fee, DHCLSC shall issue notice as per Form 2 specified in Schedule I of the Rules through registered or speed post and electronic means including e-mail to the opposite party to appear and give consent to participate in the mediation process on such date within ten days of date of issue of notice, after having regard to territorial and pecuniary jurisdiction.
Where no response is received from the opposite party, even after final notice or the notice remains unacknowledged or the party fails to appear on the date fixed or the party refuses to participate in the mediation process, DHCLSC shall treat the mediation process to be a non-starter and make a report as per Form 3 specified in the Schedule I and endorse the same to both the parties.
2. Where both the parties give consent to participate in the mediation process, and upon the one time mediation fee deposited in the above mentioned bank account, DHCLSC shall forward the matter to the Samadhan Centre for appointment of mediator and conduction of mediation at Samadhan Centre.
3. Upon conclusion of the mediation process as per the procedure contained in Rule 7 of the Rules, Samadhan Centre shall return one signed copy of the mutually agreed settlement reduced to writing and as signed by all the parties to the commercial dispute as well as the mediator as per Form 4 specified in the Schedule I of the Rules and shall also supply one signed copy of the agreement to each of the parties to the commercial dispute. In case of no settlement, Samadhan Centre shall forward a report of the mediator to the authority, with reasons in writing, as per Rule 7(ix) and as per Form 5, in Schedule I of the Rules.
4. Samadhan Centre shall also forward the bill of the mediator as well as the bill of administrative charges as per rules which includes space/room utilisation charges presently @Rs. 500/- per sitting, to DHCLSC along with the outcome of the mediation process for payment of the same.
5. Upon receipt of the final outcome of the mediation process along with the bills as mentioned above, DHCLSC shall forward the bills to DSLSA for payment to the mediator as well as to the Samadhan Centre. The payment to the mediator shall be made electronically directly in the account of the mediator concerned as per the SOP and the payment to the Samadhan entre shall also be made directly by the DSLSA in the account of Samadhan Centre electronically.
6. In case any of the parties desire to obtain a certified copy of the mutually agreed settlement at any stage after the matter is returned to DHCLSC from the Samadhan Centre, DHCLSC shall issue a certified copy of the same from the original signed copy received by DHCLSC from the Samadhan Centre, upon written signed application of the party signatory to the agreement and the certified copy shall be certified by the Superintendent/Competent Official of DHCLSC. The certified copy shall be issued upon payment of Rs.5/- per page of the settlement, subject to minimum deposit amount of Rs. 50/- for every certified copy applied.
7. DHCLSC shall maintain the data of all mediations carried out under the Act in terms of the Rules mentioned above.