Fee of Mediator/Conciliator and Costs
24. (a) At the time of referring the dispute(s) to the mediation/conciliation, the Central Government or the Tribunal or the Appellate Tribunal may, fix the fee of the mediator/conciliator.
(b) As far as possible, a consolidated sum may be fixed rather than for each session or meeting.
(c) Where the Tribunal has nominated or appointed mediators or conciliators under sub-rule (b) of rule 28.1, the Tribunal shall fix the fee payable to the mediators/conciliators, which shall be shared equally by the two sets of parties.
(d) The expense of the mediation/conciliation including the fee of the mediator/conciliator, 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 Tribunal.
(e) Each party shall bear the costs for production of witnesses on his side including experts, or for production of documents.
(f) The mediator/conciliator may, before the commencement of the mediation/conciliation, direct the parties to deposit equal sums, 100% of the probable costs of the mediation/conciliation.
(g) If any party or parties do not pay the amount referred to sub-rule (f), the Central Government, the Tribunal or the Appellate Tribunal, shall, on the application of the mediator/conciliator, or any party, issue appropriate directions to the concerned parties.
(h) If the expense of the mediation/conciliation including fee, is not paid by the parties, the Central Government, the Tribunal or the Appellate Tribunal, shall, on the application of the mediator/conciliator or the parties, direct the concerned parties to pay, and if they do not pay, the Tribunal shall recover the said amounts as if there was a decree for the said amount. |