ALTERNATIVE DISPUTE RESOLUTION
ADR

BOOKLET

PAMPHLET 

 COURT MEDIATION FOR ALTERNATIVE DISPUTE RESOLUTION

PUNJAB & HARYANA MEDITATION CENTER 


WHAT IS MEDIATION

Mediation is the process by which the participants together with the assistance of a neutral person or persons, systematically isolate disputed issues in order to develop options, consider alternatives and aim to reach a consensual agreement that will accommodate their needs. It is a confidential, voluntary and participatory process. The parties to the dispute have an opportunity to ventilate their grievances and feelings through the process of mediation and thereafter tailor the solution to their unique circumstances and demands. The Mediator does not impose any solution but creates a favourable environment to enable the parties to resolve their dispute themselves amicably.
MEDIATION IS :-
  • A structured negotiation process.
  • Neutral mediator.
  • Facilitate communication and negotiation.
  • Assist the parties in resolving their dispute.
  • Flexible and informal process.
  • Allows creative remedies.
  • Process is economical and confidential.
MEDIATION :-
  • It immediately puts you in control of both the dispute and its resolution.
  • The law mandate it and the courts encourage and endorse it.
  • Through it you can communicate in a real sense with the other side which you may not have done before.
  • The process is confidential, the procedure is simple and the atmosphere is informal.
  • It is voluntary and you can opt out of it at any time if it does not help.
  • It saves precious time and energy.
  • It saves costs on what usually becomes prolonged litigation.
  • It shows you the strengths and weaknesses of your case which helps find realistic solutions.
  • It focuses on long-term interests and helps you create options for settlement.
  • It restores broken relationships and focuses on improving the future, not on dissecting the past.
  • You opt for more by signing a settlement that works to benefit of both you and your opponent.
  • At the end of the mediation you can actually shake hands with your opponents and wish them good health and happiness.

  • Contact Us


    CONTACT US

    Mediation and Conciliation Centre

    Punjab and Haryana High Court, Chandigarh

    Ph: 0172-6607312 Fax No.0172-6607261

    Email: supdt.mcc-phc@indianjudiciary.gov.in

F.A.Q. : Mediation Centre

1. WHO CAN MEDIATE ?
Answer: : Any person who undergoes the required 40 hours training as stipulated by the Mediation & Conciliation Project Committee of the Supreme Court can be a mediator. He also needs to have at least ten actual mediations before he can be accepted as a qualified mediator.
2. HOW IS MEDIATION DIFFERENT ?

Answer:
  • Mediation is an informal process.
  • There are no strict or binding rules of procedure.
  • Mediation is completely confidential process.
  • Mediation enables disputing parties to interact even on a one-to-one basis.
  • Mediation is completely voluntary process.
  • Mediation enables the parties to be the key players in the dispute settlement process.
  • It is an inexpensive and speedy mode of dispute resolution.
  • Mediation is interests based rather than rights based.
  • Mediation enables parties to settle their own terms of agreement.
  • 3. WHAT ARE THE BENEFITS OF MEDIATION
    Answer:
    • Quick and responsive
    • Economical. There is no extra cost
    • Harmonious settlement
    • Creating solutions and remedies
    • Confidential and informal
    • Parties controlling the proceedings
    4. MEDIATION VERSUS LITIGATION
    Answer:
    • No loss of time in mediation.
    • No financial investment is required in mediation.
    • Mediation preserves ongoing business or personal relationships.
    • Mediation allows flexibility, control and paticipation of the disputing parties.
      Mediation is far more satisfactory way of resolving disputes as compared to litigation. There is no appeal or revision in a mediated case and all disputes get finally settled.5. 
    • 5. IMPACT OF MEDIATION
      Answer:There is no doubt that Mediation has had a significant impact on dispute resolution all over the world.
      •  In Bangladesh, mediation has been extremely successful in delivering justice to the poorer sections of society.
      • In America, mediation is the norm of dispute resolution and litigation is the exception.
      • In England, the courts do not award costs if a litigant unreasonably rejects mediation as an alternative dispute resolution mechanism.
      • In India, mediation has shown significant results in dispute settlement in Bengaluru and in Chennai, both of which have very vibrant mediation centres running sucessfully for a long time. The district courts of Delhi are presently running three mediation centres in different parts of the city and have resolved more than 12,000 cases so far.
      • 6. DO'S FOR EFFECTIVE MEDIATION
        Answer:
        • Believe in the process and believe in the people.
        • Be familiar with the facts and the issues.
        • Develop a suitable opening that covers the role of the mediator, the principles of mediation.
        • Be brief, confident, positive and flexible
        • Show empathy, build rapport, reinforce neutrality, and do so equally with the parties
        • Encourage parties to make an effective opening statement
        • Spend time clarifying the issues in dispute
        • Acknowledge emotions and allow feelings to be vented
        • Encourage all to contribute to the proceedings
        • Check if there have been previous settlement offers
        • Have patience, let the parties own the problem and the solution
        • Listen a lot
        • Build momentum
        • Encourage the parties to communicate with each other
        • Devote time and patience to the drafting stage
        • Keep the door open if the mediation does not settle
        • Maintain your energy; take breaks; look after yourself, physically and emotionally
        • 7. SOME DON'TS FOR EFFECTIVE MEDIATION
          Answer:
          • Don't be fazed, and if you are don't let it show
          • Don't get swamped by detail
          • Don't appear to be a judge or arbitrator
          • Don't suggest
          • Don't impose your solution
          • Don't take lots of notes
          • Don't make assumptions about  parties,causes, merits or fairness   
          • Don't criticize poor preparation, presentation or negotiation by parties
          • Don't interrupt
          • Don't play devil's advocate
          • Don't put a party into a corner with no exit
          • Don't give up
          • Don't press for settlement at any cost
          • Don't be too hard on yourself if the mediation does not settle

 LIST OF HIGH COURT MEDIATOR CHANDIGARH 



Dr.Gagandeep Kaur Singh, Additional District & Sessions Judge, Director, Mediation & Conciliation Centre, Punjab & Haryana High Court, Chandigarh. 

Further, As per instructions issued in terms of decision taken by the Hon'ble Mediation & Conciliation Committee in its meeting held on 6.5.2010, the District & Sessions Judges of the Districts shall have superintendence and control over the centre, however, shall nominate a Nodal Officer, from amongst Addl. Distt.& Sessions Judges, if not already nominated, who should be preferably a trained mediator and shall also appoint another officer preferably Civil Judge, Senior Division, for the smooth functioning of the Mediation Centre. The Nodal Officer shall monitor the day to day working of the Centre and would distribute the cases amongst the mediators after taking the approval of the Distt. & Sessions Judge. “For further details regarding Mediation & Conciliation Centres of Punjab, Haryana and U.T, Chandigarh, please see Websites of State Legal Services Authorities of Punjab Haryana and U.T., Chandigarh

List of Advocate-Mediators of District Courts, Chandigarh
. 1 SH. N. K. NANDA,
2 SH. MUNISH CHAUDHARY
 3 SH. VINOD KUMAR VERMA,
4 SH. HARSH TONDON,
5 MS. INDERJIT BASSI,
 6 SH. ARVIND THAKUR,
7 MS. SWEETA SIALI,
 8 MS. ADARSH PAL KAUR,
9 MS. SARABJIT KAUR,
10 MS. AVTAR KAUR,
11 MS. MANJIT KAUR,
 12 MS. BALWINDER KAUR,
 13 SH. AJAY SOOD,
14 SH.N.K.KAPIL
 15 SH. ANIL MEHTA
16 SH. DHIRAJ THAKUR
17 SH. HARISH BANSAL
 18 SH.BALJIT SINGH
19 SH.BALDEV K. BEHL
20 MS.SEEMA PASRICHA
 21 SH.VIJAY KUMAR MANGLA
22 SH.ASHOK KUMAR SHARMA
 23 SH.HARISH CHHABRA
 24 MS.KRISHNA SHARMA
 25 MS.MANJIT KAUR
26 SH.RAJESH K.SHARMA
27 SH.ARUN DOGRA
 28 SH.AJAY KUMAR SAPEHIA 29 MS.REENU JOSHI

PUNJAB RETIRED JUDGE


Incentives to Mediators


Incentives to Mediators: 
         In terms of recommendations of Mediation & Conciliation Committee, Hon'ble Rules Committee and Hon'ble Full Court has amended Rule 25(1) of Mediation & Conciliation Rules, 2003 as under:-
The remuneration/fee to be paid to the mediator shall be ` 10,000/- for each successful mediation and ` 3000/- for each failed mediation.”
The Court may, however, in its discretion fix a higher fee in either case.”
           The Hon'ble Mediation & Conciliation Committee has further decided that the Advocate-Mediators working in the District Mediation Centres in the States of Punjab, Haryana and District Courts, Chandigarh, be paid honorarium @ `2500/- per successful Mediation.
In order to encourage Judicial Officers, the Punjab & Haryana High Court has decided that where a case successfully ends in Mediation and the Mediator is a Judicial Officer, he shall earn half of the Units/Points prescribed for disposal of that case and the remaining half units shall be credited to the account of Referral Court.


Awareness Programmes

The Mediation & Conciliation Committee of Punjab and Haryana High Court conducted a series of Awareness Programmes on Mediation from time to time.
Talk Show on All India Radio
          On 10.03.2010, a Talk Show Programme was arranged by Chandigarh Station of All India Radio in which Hon'ble Chairman and the Members of the Committee participated.
Awareness through TV Programme
          On 22.05.2010 the Hon'ble Chairman and the Members participated in a TV Programme on the local channel of Punjab & Haryana namely PTC (News).  The PTC News Channel in a programme 'Chandigarh Speaks' telecast the programme in two phases firstly on 1st June, 2010 at 10 p.m. and secondly on 8th June, 2010 at 10 p.m. Probably it was first time in the history of India that three sitting Judges of a High Court appeared on such a  T.V. Programme.
          On 11.12.2013, Hon'ble the then Chief Justice and Hon'ble Mr.Justice Mahesh Grover, the then Chairman of Mediation & Conciliation Committee again participated in a TV Programme 'Chandigarh Speaks'  on PTC News Channel. The Advocate-Mediators and litigant parties, whose cases were settled, also participated in the TV Programme. The aforesaid programme was telecast by PTC Channel on 20.12.2013, 21.12.2013 at 5.30 PM  and on 22.12.2013 at 2.00 PM.
Awareness through Newspapers
          Two Newspapers i.e. 'Amar Ujala' and 'Hindustan Times” also highlighted the efforts being made by the Mediation & Conciliation Committee and the benefits of Mediation & Conciliation Programmes in their issues dated 20.7.2011 and 1.8.2011 respectively.
Awareness Programme on Mediation on 22nd & 23rd February, 2014 and on 18th February, 2017.
Hon'ble Mediation & Conciliation Committee of this Court, under the aegis of Hon'ble Mediation & Conciliation Project Committee (MCPC), Supreme Court of India, organized an Awareness Programme on Mediation on 22nd & 23rd February, 2014 in the Auditorium of this Court, which was conducted by the Trainers deputed by Hon'ble MCPC, Supreme Court of India.
Thereafter, one more awareness programme on Mediation was organized for the advocates of this court on 18th February, 2017, which was conducted by 4 MCPC Trained Trainer of this Court namely Ms.Reeta Kohli, Ms.Puneeta Sethi, Mr.Dhiraj Chawla and Mr.Sachin Jain.
Awareness about Mediation through FM Radio
To generate awareness about Mediation amongst the general public, Hon'ble Mediation & Conciliation Committee of this Court got prepared special jingles/advertisements in Hindi and Punjabi Languages. These jingles were aired from time to time on the different radio Stations and on different dates as under:-

Sr. No.
Radio Station
Period
1
92.7 Big FM
19.02.2014 to 18.04.2014
2
92.7 Big FM
24.09.2014 to 22.11.2014
3
92.7 Big FM
17.01.2015 to 18.03.2015
4
107.2 FM (All India Radio)
31.01.2015 to 31.03.2015.
5
94.3 My FM
05.09.2015 to 04.11.2015.
6
92.7 Big FM
26.11.2015 to 27.01.2016.
7
92.7 Big FM
21.09.2016 to 19.11.2016
8
94.3 My FM
01.12.2016 to 03.02.2017
9
92.7 Big FM
01.03.2017 to 30.03.2017
10
94.3 My FM
01.03.2017 to 30.03.2017
Interview of Hon'ble Chairman, Mediation & Conciliation Committee on FM Radios.
During all these campaigns on 92.7 Big FM, 94.3 My FM and 107.2 All India Radio, an Interactive Session was held with Hon'ble Chairman, Mediation & Conciliation Committee of this Court and recorded interview was aired, in which, Hon'ble Chairman, shared his views regarding the concept of Meidation and Pre-Litigation Mediation.
Advertisements on PVR Cinemas in Chandigarh
To promote the concept of pre-litigation Mediation, the Committee resolved to give wide publicity on Mediation website/High Court website and through print material/electronic media etc.
Accordingly, animated material was got prepared on Mediation and Pre-litigation Mediation and displayed on the 12 screens (4 screens of Centra Mall and 8 screens of Elante Mall) for 28 days from 23.01.2015 to 19.02.2015 and from 18.03.2016 to 14.04.2016.
Awareness Programme for the Law students of Universities and Law Institutes.
Hon'ble Mediation & Conciliation Committee, Punjab & Haryana High Court, Chandigarh organized Awareness Programmes on Mediation for the law students of University Institute of Legal Studies, Panjab University, Chandigarh on 26th &  27th September, 2014, in Army Institute of Law, Mohali on 31st October & 1st November, 2014, in Rajiv Gandhi National University of Law, Patiala on 22nd November, 2014 and in Department of Laws, Panjab University, Chandigarh on 21st March, 2015, and in University School of Law, Rayat Bahra University, Kharar, Mohali on 18th March, 2017, to create awareness about Mediation.
Awareness Film on Mediation
Hon'ble Mediation & Conciliation Committee got prepared an Awareness film on Mediation “Aao Raah Aasaan Karein”, which was released by Hon'ble Mr.Justice Madan B.Lokur, Member, Mediation & Conciliation Project Committee, Supreme Court of India in the Inaugural Session of Regional Conference on Mediation on 22nd August, 2015.
         “For details regarding Mediation & Conciliation Centres of Punjab, Haryana and U.T, Chandigarh, please see Websites of State Legal Services Authorities of Punjab Haryana and U.T., Chandigarh”

Hon’ble Supreme Court Of India in Afcons Infrastructure Ltd. & Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. & Ors. (2010) 8 SCC 24 summarized the procedure to be adopted by a court under section 89 of the Code as under :
a) When the pleadings are complete, before framing issues, the court shall fix a preliminary hearing for appearance of parties. The court should acquaint itself with the facts of the case and the nature of the dispute between the parties.
b) The court should first consider whether the case falls under any of the category of the cases which are required to be tried by courts and not fit to be referred to any ADR processes. If it finds the case falls under any excluded category, it should record a brief order referring to the nature of the case and why it is not fit for reference to ADR processes. It will then proceed with the framing of issues and trial.
c) In other cases (that is, in cases which can be referred to ADR processes) the court should explain the choice of five ADR processes to the parties to enable them to exercise their option.
d) The court should first ascertain whether the parties are willing for arbitration. The court should inform the parties that arbitration is an adjudicatory process by a chosen private forum and reference to arbitration will permanently take the suit outside the ambit of the court. The parties should also be informed that the cost of arbitration will have to be borne by them. Only if both parties agree for arbitration, and also agree upon the arbitrator, the matter should be referred to arbitration.
e) If the parties are not agreeable for arbitration, the court should ascertain whether the parties are agreeable for reference to conciliation which will be governed by the provisions of the AC Act. If all the parties agree for reference to conciliation and agree upon the conciliator/s, the court can refer the matter to conciliation in accordance with section 64 of the AC Act.
f) If parties are not agreeable for arbitration and conciliation, which is likely to happen in most of the cases for want of consensus, the court should, keeping in view the preferences/options of parties, refer the matter to any one of the other three other ADR processes : (a) Lok Adalat; (b) mediation by a neutral third party facilitator or mediator; and (c) a judicial settlement, where a Judge assists the parties to arrive at a settlement.
(g) If the case is simple which may be completed in a single sitting, or cases relating to a matter where the legal principles are clearly settled and there is no personal animosity between the parties (as in the case of motor accident claims), the court may refer the matter to Lok Adalat. In case where the questions are complicated or cases which may require several rounds of negotiations, the court may refer the matter to mediation. Where the facility of mediation is not available or where the parties opt for the guidance of a Judge to arrive at a settlement, the court may refer the matter to another Judge for attempting settlement.
(h) If the reference to the ADR process fails, on receipt of the Report of the ADR Forum, the court shall proceed with hearing of the suit. If there is a settlement, the court shall examine the settlement and make a decree in terms of it, keeping the principles of Order 23 Rule 3 of the Code in mind.
(i) If the settlement includes disputes which are not the subject matter of the suit, the court may direct that the same will be governed by Section 74 of the AC Act (if it is a Conciliation Settlement) or Section 21 of the Legal Services Authorities Act, 1987 (if it is a settlement by a Lok Adalat or by mediation which is a deemed Lok Adalat). This will be necessary as many settlement agreements deal with not only the disputes which are the subject matter of the suit or proceeding in which the reference is made, but also other disputes which are not the subject matter of the suit.
(j) If any term of the settlement is ex facie illegal or unforceable, the court should draw the attention of parties thereto to avoid further litigations and disputes about executability.

It was also observed that the Court should also bear in mind the following consequential aspects, while giving effect to Section 89 of the Code :
  • If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. Nothing further need be stated in the order sheet.
  • If the reference is to any other ADR process, the court should briefly record that having regard to the nature of dispute, the case deserves to be referred to Lok Adalat, or mediation or judicial settlement, as the case may be. There is no need for an elaborate order for making the reference.
  • The requirement in Section 89(1) that the court should formulate or reformulate the terms of settlement would only mean that court has to briefly refer to the nature of dispute and decide upon the appropriate ADR process.
  • If the Judge in charge of the case assists the parties and if settlement negotiations fail, he should not deal with the adjudication of the matter, to avoid apprehensions of bias and prejudice. It is therefore advisable to refer cases proposed for Judicial Settlement to another Judge.
  • If the court refers the matter to an ADR process (other than Arbitration), it should keep track of the matter by fixing a hearing date for the ADR Report. The period allotted for the ADR process can normally vary from a week to two months (which may be extended in exceptional cases, depending upon the availability of the alternative forum, the nature of case etc.). Under no circumstances the court should allow the ADR process to become a tool in the hands of an unscrupulous litigant intent upon dragging on the proceedings.
  • Normally the court should not send the original record of the case when referring the matter for an ADR forum. It should make available only copies of relevant papers to the ADR forum. (For this purpose, when pleadings are filed the court may insist upon filing of an extra copy). However if the case is referred to a Court annexed Mediation Centre which is under the exclusive control and supervision of a Judicial Officer, the original file may be made available wherever necessary.
The following categories of cases are normally considered to be not suitable for ADR process having regard to their nature :
(i) Representative suits under Order 1 Rule 8 CPC which involve public interest or interest of numerous persons who are not parties before the court. (In fact, even a compromise in such a suit is a difficult process requiring notice to the persons interested in the suit, before its acceptance).

(ii) Disputes relating to election to public offices (as contrasted from disputes between two groups trying to get control over the management of societies, clubs, association etc.).
(iii) Cases involving grant of authority by the court after enquiry, as for example, suits for grant of probate or letters of administration.
(iv) Cases involving serious and specific allegations of fraud, fabrication of documents, forgery, impersonation, coercion etc.
(v) Cases requiring protection of courts, as for example, claims against minors, deities and mentally challenged and suits for declaration of title against government.
(vi) Cases involving prosecution for criminal offences.
All other suits and cases of civil nature in particular the following categories of cases (whether pending in civil courts or other special Tribunals/Forums) are normally suitable for ADR processes :
(i) All cases relating to trade, commerce and contracts, including
- disputes arising out of contracts (including all money claims);
  • disputes relating to specific performance;
    - disputes between suppliers and customers;
    - disputes between bankers and customers;
  • - disputes between developers/builders and customers;
    - disputes between landlords and tenants/licensor and licensees;
    - disputes between insurer and insured;
    (ii) All cases arising from strained or soured relationships, including
    - disputes relating to matrimonial causes, maintenance, custody of children;
    - disputes relating to partition/division among family members/co- parceners/co-owners; and
  • - disputes relating to partnership among partners.
  • (iii) All cases where there is a need for continuation of the pre-existing relationship in spite of the disputes, including
  • - disputes between neighbours (relating to easementary rights, encroachments, nuisance etc.);
  • - disputes between employers and employees;
    - disputes among members of societies/associations/ Apartment owners Associations;

    (iv) All cases relating to tortious liability including - claims for compensation in motor accidents/other accidents; and

    (v) All consumer disputes including
    - disputes where a trader/supplier/manufacturer/service provider is keen to maintain his business/professional reputation and credibility or ‘product popularity.


 Thus a wide nature of disputes, including Matrimonial, Labour, Motor Accident Claims, eviction matters between landlord and tenants, Complaints under Section 138 of Negotiable Instrument Act, Petitions under Section 125 Cr. P.C. or any compoundable offence can be referred for mediation. If only one of the parties makes a request and the other party is not averse to the idea of mediation, the dispute can still be referred. Any court can otherwise make a reference of a dispute as provided under Section 89 of Code of Civil Procedure. Lawyers can assist the parties in the mediation proceedings. Rather, it has been found that wherever the parties are assisted by their advocates, a settlement is arrived at a bit early, for the lawyers can explain the weakness and strength of their respective cases and the time factor which might be taken in litigation. Since the proceedings before a mediator are informal the parties can even bring any of their relations to assist them.
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