Procedure of Mediation/Conciliation
8. For the purposes of sub-section (5) of section 442 of the Act,
(a) The parties may agree on the procedure to be followed by the mediator/conciliator in the conduct of the mediation/conciliation proceedings.
(b) Where the parties do not agree on any particular procedure to be followed by the mediator/conciliator, the mediator/conciliator 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/conciliation session, where all parties have to be present;
(ii) he shall hold the mediation/conciliation at the place decided by the Central Government, the Tribunal or the Appellate Tribunal or the place where the parties and the mediator/conciliator jointly agree;
(iii) he may conduct joint or separate meetings with the parties;
(iv) each party shall, ten days before a session, provide to the mediator/conciliator 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/conciliator to understand the issue; suchmemorandum shall also be mutually exchanged between the parties. However, in suitable/appropriate cases, the period of ten days may be curtailed at the discretion of the mediator/conciliator;
(v) each party shall furnish to the mediator/conciliator 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/conciliator, the mediator/conciliator nominated by each party may first concur with the party that agreed to nominate him and thereafter interact with the other mediator/conciliator, with a view to resolve the dispute(s). |