The following persons shall be treated as qualified and eligible for being enlisted in the panel of mediators under Rule 3,

namely :

(a) (i)    Retired Judges of the Supreme Court of India;

(ii)    Retired Judges of the High Court; (iii)    Retired District and Sessions Judges or retired Judges of the City Civil

Court or Courts of equivalent status. (b)    Legal practitioners with at least fifteen years standing at the Bar at the level of the Supreme Court or the High Court; or the District Courts or Courts of equivalent status.

(c)     Experts or other professionals with at least fifteen years standing; or retired senior bureaucrats or retired senior executives; (d)    Institutions which are themselves experts in mediation and have been recognized as such by the High Court, provided the

names of its members are approved by the High Court initially or whenever there is change in membership.

Rule 5 : Disqualifications of persons : The following persons shall be

deemed to be disqualified for being

empanelled as mediators :

(i)    any person who has been adjudged as insolvent or is declared of unsound mind. (ii)    or any person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending, or

(iii)    any person who has been convicted by a criminal court for any offence involving moral turpitude;

(iv)    any person against whom disciplinary proceedings or charges relating to moral turpitude have been initiated by the

appropriate disciplinary authority which are pending or have resulted in a punishment. (v)    any person who is interested or connected with the subject-matter of dispute or is related to any one of the parties or to those who represent them, unless such objection is waived by all the parties in writing. (vi)    any legal practitioner who has or is appearing for any of the parties in the suit or in any other suit or proceedings.

(vii)    such other categories of persons as may be notified by the High Court.

Rule 6 :    Venue for conducting mediation : The mediator shall conduct the mediation at one or other of the following places: (i)    Venue of the Lok Adalar or permanent Lok Adalat.

(ii)    Any place identified by the District Judge within the Court precincts for the purpose of conducting mediation.

(iii)    Any place identified by the Bar Association or State Bar Council for the purpose of mediation, within the premises of the Bar Association or State Bar Council, as the case may be.

(iv)    Any other place as may be agreed upon by the parties subject to the approval of the Court.

Rule 7:    Preference:

The Court shall, while nominating any person from the panel of mediators referred to in Rule 3, consider his suitability for resolving the particular class of dispute involved in the suit and shall give preference to those who have proven record of successful mediation or who have special qualification or experience in mediation. Rule 8:    Duty of mediator to disclose certain facts :

(a)    When a person is approached in

connection with his possible appointment as a mediator, the person shall disclose in writing to the parties, any circumstances likely to give rise to a justifiable doubt as to his independence or impartiality.

(b)    Every mediator shall, from the time of his appointment and throughout the

continuance of the mediation proceedings, without delay, disclose to the parties in writing, about the existence of any of the circumstances referred to in clause (a). Rule 9 :    Cancellation of appointment : Upon information furnished by the mediator under Rule 8 or upon any other information received from the parties or other persons, if the Court, in which the suit is filed, is satisfied, after conducting such inquiry as it deems fit, and after giving a hearing to the mediator, that the said information has raised a justifiable doubt as to the mediator's independence or impartiality, it shall cancel the appointment by a reasoned order and replace him by another mediator.

Rule 10 :    Removal or deletion from panel : A person whose name is placed in the

panel referred to in Rule 3 may be removed or his name be deleted from the said panel, by the Court which empanelled him, if :

(i)    he resigns or withdraws his name from the panel for any reason;

(ii)    he is declared insolvent or is declared of unsound mind;

(iii)    he is a person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending; (iv)    he is a person who has been convicted by a criminal court for any offence involving moral turpitude;

(v)    he is a person against whom disciplinary proceedings on charges relating to moral turpitude have been initiated by appropriate disciplinary authority which are pending or have resulted in a punishment;

(vi)    he exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator;

(vii)    the Court which empanelled, upon receipt of information, if it is satisfied, after conducting such inquiry as it deem fit, is of the view, that it is not possible or desirable to continue the name of that person in the panel,

Provided that, before removing or

deleting his name, under clause (vi) and (vii), the Court shall hear the mediator whose name is proposed to be removed or deleted from the panel and shall pass a reasoned order.

Rule 11 :    Procedure of mediation :

(a)    The parties may agree on the procedure to be followed by the mediator in the conduct of the mediation proceedings.

(b)    Where the parties do not agree on any particular procedure to be followed by the mediator, the mediator shall follow the procedure hereinafter mentioned, namely : (i)    he shall fix, in consultation with the parties, a time schedule, the dates

and the time of each mediation

session, where all parties have to be present;

(ii)    he shall hold the mediation

conference in accordance with the

provisions of Rule 6;

(iii)    he may conduct joint or separate meetings with the parties;

(iv)    each party shall, ten days before a session, provide to the mediator a

brief memorandum setting forth the

issues, which according to it, need to be resolved, and its position in

respect to those issues and all

information reasonably required for

the mediator to understand the issue; such memoranda shall also be

mutually exchanged between the

parties;

(v)    each party shall furnish to the

mediator, copies of pleadings or

documents or such other information

as may be required by him in

connection with the issues to be

resolved.

Provided that where the mediator is

of the opinion that he should look into any original document, the Court

may permit him to look into the

original document before such officer of the Court and on such date or time as the Court may fix.

(vi)    each party shall furnish to the

mediator such other information as

may be required by him in

connection with the issues to be

resolved.

(c)    Where there is more than one mediator, the mediator nominated by each party shall first confer with the party that nominated him and shall thereafter interact with the other mediators, with a view to resolving the disputes.

Rule 12 :    Mediator not bound by Evidence Act, 1872 or Code of Civil Procedure,

1908 :

The mediator shall not be bound by the Code of Civil Procedure 1908 or the Evidence Act, 1872, but shall be guided by principles of fairness and justice, have regard to the rights and obligations of the parties, usages of trade, if any, and the nature of the dispute.

Rule 13 :    Non-attendance of parties at sessions or meetings on due dates :

(a)    The parties shall be present personally or may be represented by their counsel or power of attorney holders at the meetings or sessions notified by the mediator. (b)    If a party fails to attend a session or a meeting notified by the mediator, other parties or the mediator can apply to the Court in which the suit is filed, to issue appropriate directions to that party to attend before the mediator and if the Court finds that a party is absenting himself before the mediator without sufficient reason, the Court may take action against the said party by imposition of costs.

(c)    The parties not resident in India, may be represented by their counsel or power of attorney holders at the sessions or

meetings.

Rule 14 :    Administrative assistance : In order to facilitate the conduct of mediation proceedings, the parties, or the mediator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

Rule 15 :    Offer of settlement by parties : (a)    Any party to the suit may, 'without prejudice', offer a settlement to the other party at any stage of the proceedings, with notice to the mediator.

(b)    Any party to the suit may make a, 'with prejudice' offer, to the other party at any stage of the proceedings, with notice to the mediator.

Rule 16 :    Role of mediator :

The 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 solve the dispute, emphasizing that it is the responsibility of the parties to take decision which effect them; he shall not impose any terms of settlement on the parties. Rule 17 :    Parties alone responsible for taking decision :

The parties must understand that the

mediator only facilitates in arriving at a decision to resolve disputes and that he will not and cannot impose any settlement nor does the mediator give any warranty that the mediation will result in a settlement. The mediator shall not impose any decision on the parties.

Rule 18 :    Time limit for completion of mediation : On the expiry of sixty days from the date fixed for the first appearance of the parties before the mediator, the mediation shall stand terminated, unless the Court, which referred the matter, either suo moto, or upon request by the mediator or any of the parties, and upon hearing all the parties, is of the view that extension of time is necessary or may be useful; but such extension shall not be beyond a further period of thirty days. Rule 19 : Parties to act in good faith : While no one can be compelled to commit to settle his case in advance of mediation, all parties shall commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible.

Rule 20 :    Confidentiality, disclosure and inadmissibility of information :

(1)    When a mediator receives confidential information concerning the dispute from any party, he shall disclose the substance of that information to the other party, if permitted in writing by the first party. (2)    when a party gives information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose that information to the other party, nor shall the mediator voluntarily divulge any information regarding the documents or what is conveyed to him

orally as to what transpired during the mediation.

(3)    Receipt or perusal, or preparation of records, reports or other documents by the mediator, or receipt of information orally by the mediator while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge information regarding the documents nor in regard to the oral information nor as to what

transpired during the mediation.

(4)    Parties shall maintain confidentiality in respect of events that transpired during mediation and shall not rely on or introduce the said information in any other

proceedings as to :

(a)    views expressed by a party in the course of the mediation proceedings;

(b)    documents obtained during the

mediation which were expressly

required to be treated as confidential or other notes, drafts or information given by parties or mediators;

(c)    proposals made or views expressed by the mediator;

(d)    admission made by a party in the

course of mediation proceedings;

(e)    the fact that a party had or had not indicated willingness to accept a

proposal;

(5)    There shall be no stenographic or audio or video recording of the mediation

proceedings.

Rule 21 :    Privacy

Mediation sessions and meetings are

private; only the concerned parties or their counsel or power of attorney holders can attend. Other persons may attend only with the permission of the parties or with the consent of the mediator.

Rule 22 :    Immunity :

No mediator shall be held liable for

anything bona fide done or omitted to be done by him during the mediation proceedings for civil or criminal action nor shall he be summoned by any party to the suit to appear in a Court of law to testify in regard to 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.

Rule 23 :    Communication between mediator and the Court :

(a)    In order to preserve the confidence of parties in the Court and the neutrality of the mediator, there should be no

communication between the mediator and the Court, except as stated in clauses (b) and (c) of this Rule.

(b)    If any communication between the mediator and the Court is necessary, it shall be in writing and copies of the same shall be given to the parties or their counsel or power of attorney.

(c)    Communication between the mediator and the Court shall be limited to communication by the mediator :

(i)    with the Court about the failure of party to attend;

(ii)    with the Court with the consent of the parties;

(iii)    regarding his assessment that the case is not suited for settlement

through mediation;

(iv)    that the parties have settled the dispute or disputes.

Rule 24 :    Settlement Agreement :

(1)    Where an agreement is reached between the parties in regard to all the issues in the suit or some of the issues, the same shall be reduced to writing and signed by the parties or their power of attorney holder. If any counsel have represented the parties, they shall attest the signature of their respective clients.

(2)    The agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the Court in which the suit is pending.

(3)    Where no agreement is arrived at between the parties, before the time limit stated in Rule 18 or where, the mediator is of the view that no settlement is possible, he shall report the same to the said Court in writing. Rule 25 :    Court to fix a date for recording settlement and passing decree :

(1)    Within seven days of the receipt of any settlement, the Court shall issue notice to the parties fixing a day for recording the settlement, such date not being beyond a further period of fourteen days from the date of receipt of settlement, and the Court shall record the settlement, if it is not collusive.

(2)    The Court shall then pass a decree in accordance with the settlement so

recorded, if the settlement disposes of all the issues in the suit.

(3)    If the settlement disposes of only certain issues arising in the suit, the Court shall record the settlement on the date fixed for recording the settlement and (i) if the issues are servable from other issues and if a decree could be passed to the extent of the settlement covered by those issues, the Court may pass a decree straightaway in accordance with the settlement on those issues without waiting for a decision of the Court on the other issues which are not settled.

(ii)    if the issues are not servable, the Court shall wait for a decision of the Court on the other issues which are not settled.

Rule 26 :    Fee of mediator and costs : (1)    At the time of referring the disputes to mediation, the Court shall, after consulting the mediator and the parties, fix the fee of the mediator.,

(2)    As far as possible a consolidated sum may be fixed rather than for each session or meeting.

(3)    Where there are two mediators as in clause (b) of Rule 2, the Court shall fix the fee payable to the mediators which shall be shared equally by the two sets of parties. (4)    The expense of the mediation including the fee of the mediator, costs of administrative assistance, and other ancillary expenses concerned, shall be borne equally by the various contesting parties or as may be otherwise directed by the Court.

(5)    Each party shall bear the costs for production of witnesses on his side

including experts, or for production of documents.

(6)    The mediator may, before the

commencement of mediation, direct the parties to deposit equal sums, tentatively, to the extent of 40% of the probable costs of the mediation, as referred to in clauses (1), (3) and (4). The remaining 60% shall be deposited with the mediator, after the conclusion of mediation. For the amount of cost paid to the mediator, he shall issue the necessary receipts and a statement of account shall be filed, by the mediator in the Court.

(7)    The expense of mediation including fee, if not paid by the parties, the Court shall, on the application of the mediator or parties, direct the concerned parties to pay, and if they do not pay, the Court shall recover the said amounts as if there was a decree for the said amount.

(8)    Where a party is entitled to legal aid under section 12 of the Legal Services Authority Act, 1987, the amount of fee payable to the mediator and costs shall be paid by the concerned Legal Services Authority under that Act.

Rule 27 : Ethics to be followed by mediator : The mediator shall :

(1)    follow and observe these Rules strictly and with due diligence;

(2)    not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of a mediator;

(3)    uphold the integrity and fairness of the mediation process;

(4)    ensure that the parties involved in the mediation and fairly informed and have an adequate understanding of the procedural aspects of the process;

(5)    satisfy himself/herself that he/she is qualified to undertake and complete the assignment in a professional manner;

(6)    disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias;

(7)    avoid, while communicating with the parties, any impropriety or appearance of impropriety;

(8)    be faithful to the relationship of trust and confidentiality imposed in the office of mediator;

(9)    conduct all proceedings related to the resolutions of a dispute, in accordance with the applicable law;

(10)    recognize that mediation is based on principles of self-determination by the parties and that mediation process relies upon the ability of parties to reach a voluntary, undisclosed agreement;

(11)    maintain the reasonable expectations of the parties as to confidentiality;

(12)    refrain from promises or guarantees of results.

Rule 28 :    Transitory provisions :

Until a panel of arbitrators is prepared by the High Court and the District Court, the Courts referred to in Rule 3, may nominate a mediator of their choice if the mediator belongs to the various classes of persons referred to in Rule 4 and is duly qualified and is not disqualified, taking into account the suitability of the mediator for resolving the particular dispute."

Report No.3

Report No.3 deals with the Case Flow Management and Model Rules. The case management policy can yield remarkable results in achieving more disposal of the cases. Its mandate is for the Judge or an officer of the court to set a time-table and monitor a case from its initiation to its disposal. The Committee on survey of the progress made in other countries has come to a conclusion that the case management system has yielded exceedingly good results.

Model Case Flow Management Rules have been separately dealt with for trial courts and first appellate subordinate courts and for High Courts. These draft Rules extensively deal with the various stages of the litigation. The High Courts can examine these Rules, discuss the matter and consider the question of adopting or making case law management and model rules with or without modification, so that a step forward is taken to provide to the litigating public a fair, speedy and inexpensive justice.

The Model Case Flow Management Rules read as under: "MODEL CASE FLOW MANAGEMENT RULES

(A)    Model Case Management Rules for Trial Courts and First Appellate Subordinate Courts

I.    Division of Civil Suits and Appeals into Tracks

II.    Original Suits

1.    Fixation of time limits while issuing notice

2.    Service of Summons/notice and

completion of pleadings

3.    Calling of Cases (Hajri or Call Work or Roll Call)

4.    Procedure on the grant of interim

orders

5.    Referral to Alternate Dispute

Resolution

6.    Procedure on the failure of Alternate Dispute Resolution

7.    Referral to Commissioner for

recordal of evidence

8.    Costs

9.    Proceedings for Perjury

10.    Adjournments

11.    miscellaneous Applications.

III.    First Appeals to Subordinate Courts

1.    Service of Notice of Appeal

2.    Essential Documents to be filed with the Memorandum of Appeal

3.    Fixation of time limits in interlocutory matters

4.    Steps for completion of all formalities (Call Work Hajri)

5.    Procedure on grant of interim-orders

6.    Filing of Written submissions

7.    Costs

IV.    Application/Petition under Special Acts V.    Criminal Trial and Criminal Appeals to Subordinate Courts

(a)    Criminal Trials

(b)    Criminal Appeals

VI.    Notice under section 80 of Code of Civil Procedure

VII.    Note

(B)    Model Case Flow Management Rules in High Court

I.    Division of Cases into Tracks

II.    Writ of Habeas Corpus

III.    Mode of Advance Service

IV.    First Appeals to High Court

V.    Appeals to Division Bench

VI.    Second Appeals.

VII.    Civil Revisions

VIII.    Criminal Appeals

IX.    Note.

..High Court Rules, 2003

In exercise of the power conferred by Part X of the Code of Civil Procedure 1908, (5 of 1908) and . High Court Act, and all other powers enabling, the . High Court hereby makes the following Rules, in regard to case flow management in the subordinate courts. (A)    Model Rules for Trial Courts and First Appellate Subordinate Courts

I.    Division of Civil Suits and Appeals into Tracks

1.    Based on the nature of dispute, the quantum of evidence to be recorded and the time likely to be taken for the completion of suit, the suits shall be channeled into different tracks. Track I may include suits for maintenance, divorce and child custody and visitation rights, grant of letters of administration and succession certificate and simple suits for rent or for eviction (upon notice under Section 106 of Transfer of Property Act). Track 2 may consist of money suits and suits based solely on negotiable instruments. Track 3 may include suits concerning partition and like property disputes, trademarks, copyrights and other intellectual property matters. Track 4 may relate to other matters. All efforts shall be taken to complete the suits in track 1 within a period of 9 months, track 2 within 12 months and suits in track 3 and 4 within 24 months.

This categorization is illustrative and it will be for the High Court to make appropriate categorization. It will be for the judge concerned to make an appropriate assessment as to which track any case can be assigned.

2.    Once in a month, the registry/administrative staff of each Court will prepare a report as to the stage and progress of cases which are proposed to be listed in next month and place the report before the Court. When the matters are listed on each day, the judge concerned may take such decision as he may deem fit in the presence of counsel/parties in regard to each case for removing any obstacles in service of summons, completion of pleadings etc. with a view to make the case ready for disposal.

3.    The judge referred to in clause (2) above, may shift a case from one track to another, depending upon the complexity and other circumstances of the case.

4.    Where computerization is available, the monthly data will be fed into the computer in such a manner that the judge referred to in clause (2) above, will be able to ascertain the position and the stage of every case in every track from the computer screen. Over a period, all cases pending in his Court will be covered. Where computerization is not available, the monitoring must be done manually.

5.    The judge referred to in clause (2) above, shall monitor and control the flow or progress of every case, either from the computer or from the register or data placed before him in the above manner or in some other manner he may innovate.

II.    Original Suit :

1.    Fixation of time limits while issuing notice :

(a)    Wherever notice is issued in a suit, the notice should indicate that the Code

prescribes a maximum of 30 days for filing written statement (which for special

reasons may be extended upto 90 days) and, therefore, the defendants may prepare the written statement expeditiously and that the matter will be listed for that purpose on the expiry of eight weeks from the date of issue of notice (so that it can be a definite date). After the written statement is filed, the replication (if any, proposed and permitted), should be filed within six weeks of receipt of the written statement. If there are more than one defendant, each one of the defendant should comply with this requirement within the time-limit.