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Mediation Rules

When parties have formally agreed in writing to use the DRH Mediation Rules to resolve their disputes or have included mediation or conciliation clauses for current or future domestic or international conflicts or disputes, they are understood to have incorporated these DRH Mediation Rules, as amended and in effect as of the date of the dispute submission, into their agreement. The parties can mutually modify any part of these Rules, such as opting to conduct some or all of the mediation through video, audio, or other electronic means.
Any party or parties involved in a dispute can start the mediation process at DRH by submitting a request for mediation to any DRH office or case management centre through email, mail, courier, or fax. Mediation can also be conducted online at www.resolutionhub.in or via email at solve@resolutionhub.in.”
The party initiating the mediation shall simultaneously notify the other party or parties of the request. The initiating party shall provide the following information to DRH and the other party or parties as applicable:
1. the names, regular mail addresses, email addresses, and telephone numbers of all parties to the dispute and representatives, if any, in the mediation;
2. a copy of the mediation provision of the parties’ contract or the parties’ stipulation to mediate;
3. a brief statement of the nature of the dispute and the relief requested, and
4. Any recommendations for a specific mediator or qualifications the mediator should possess?
 
When no prior stipulation or contractual agreement exists for mediating current or prospective disputes at DRH, a party has the prerogative to petition DRH to summon another party to engage in “mediation by voluntary submission.” Upon receiving such a petition, DRH shall reach out to the other party or parties embroiled in the dispute and seek their consent to participate in mediation.
Subject to any applicable law, persons of the party’s choice may represent any party. The names and addresses of such persons shall be communicated in writing to all parties and DRH.
DRH shall assist the parties in finding a mutually agreeable mediator. If the parties are not able to agree on the appointment of a mediator and have not provided any other method of appointment, the mediator shall be appointed in the following manner:
  1. Upon receipt of a request for mediation, DRH will send each party a list of mediators from the DRH’s Panel of Mediators. The parties are encouraged to agree on a mediator from the submitted list and to advise the DRH of their agreement.
  2. If the parties cannot agree on a mediator, each party shall strike unacceptable names from the list, number the remaining names in order of preference, and return the list to the DRH. If a party does not return the list within the time specified, all mediators on the list shall be deemed acceptable. DRH shall appoint a mutually acceptable mediator from the list based on the parties’ designated preferences.
  3. If, for any reason, the appointment cannot be made from the submitted list, DRH shall have the authority to make the appointment among other members of the Panel of Mediators without the submission of additional lists.
DRH mediators must adhere to the Model Code of Conduct for Mediators in effect when a mediator is appointed to a case. Where there is a conflict between the Model Code and any provision of these Mediation Rules, these Mediation Rules shall govern. The Model Code requires mediators to (i) decline a mediation if the mediator cannot conduct it impartially, and (ii) disclose, as soon as practicable, all actual and potential conflicts of interest that are reasonably known to the mediator and could reasonably be seen as raising a question about the mediator’s impartiality.
  • Before accepting an appointment, DRH mediators must thoroughly investigate to identify any potential factors that could create a conflict of interest. They are obligated to reveal any situations that could be perceived as biased or impede the resolution of the parties’ dispute within the specified timeframe. Upon receiving such disclosures, DRH will promptly relay the information to the parties and seek their input.
  • Upon receiving disclosure of actual or potential conflicts of interest of the mediator, the parties may waive such conflicts and proceed with the mediation. In the event that a party disagrees as to whether the mediator shall serve, or if the mediator’s conflict of interest might reasonably be viewed as undermining the integrity of the mediation, the mediator shall be replaced.
If any mediator becomes unwilling or unable to serve, DRH will appoint another mediator unless the parties agree otherwise, in accordance with Article-4.
If the parties have not agreed otherwise, the language of the mediation shall be english or that of the documents containing the mediation agreement.
  1. The mediator will facilitate the mediation process according to the principle of party self-determination. Self-determination refers to the process of reaching a voluntary and uncoerced decision where each party can make free and informed choices regarding the mediation process and its outcome.
  2. The mediator does not have the authority to impose a settlement on the parties but will attempt to help them resolve their dispute satisfactorily.
  3. The mediator is not a legal representative of any party and has no fiduciary duty to any party.
The mediator has the responsibility to efficiently manage the dispute resolution process. Upon appointment, the mediator may conduct a preliminary meeting with the involved parties to plan the case proceedings. To streamline the process and reduce costs, the mediator and the parties are permitted to conduct all or part of the mediation through video, audio, or other electronic communication methods.
The parties are encouraged to exchange all documents pertinent to the relief requested. The mediator may request the exchange of memoranda on issues, including the underlying interests and the history of the parties’ negotiations.
  1. Information that a party wishes to keep confidential may be sent to the mediator, as necessary, in a separate communication with the mediator.
  2. The mediator may conduct separate or ex parte meetings and other communications with the parties and/or their representatives before, during, and after any scheduled mediation conference. Such communications may be conducted in person, in writing, via video, audio or other electronic means.
  3. The mediator may make oral or written recommendations for settlement to a party privately or, if the parties agree, to all parties jointly.
  4. In the event that a complete settlement of all or some issues in dispute is not achieved within the scheduled mediation conference(s), the mediator may continue to communicate with the parties for a period of time in an ongoing effort to facilitate a complete settlement.
  5. Early in the proceeding or at the preparatory conference, the mediator and the parties shall consider cybersecurity, privacy, and data protection to provide for an appropriate level of security and compliance in connection with the proceeding.
The parties shall ensure that appropriate representatives of each party, having the authority to commit to the execution of a settlement agreement, attend the mediation conference.
 
Prior to and during the scheduled mediation conference(s), the parties and their representatives shall, as appropriate to each party’s circumstances, exercise their best efforts to prepare for and engage in a meaningful and productive mediation.
Mediation conferences and related mediation communications are private proceedings. The parties and their representatives may attend mediation conferences. Other persons may attend only with the parties’ permission and with the mediator’s consent.
Subject to applicable law or the parties’ agreement, confidential information disclosed to a mediator by the parties or by other participants in the course of the mediation shall not be divulged by the mediator. The mediator shall maintain the confidentiality of all information obtained in the mediation, and all records, reports, or other documents received by a mediator while serving in that capacity shall be confidential.
  • The mediator shall not be compelled to divulge such records or testify regarding the mediation in any adversary proceeding or judicial forum.
  • The parties shall maintain the confidentiality of the mediation and shall not rely on or introduce as evidence in any arbitral, judicial, or other proceeding the following, unless agreed to by the parties or required by applicable law:
  • Views expressed or suggestions made by a party or other participant concerning a possible settlement of the dispute;
  • admissions made by a party or other participant in the course of the mediation proceedings;
  • Proposals made or views expressed by the mediator or
  • The fact that a party had or had not indicated a willingness to accept a proposal for settlement made by the mediator.
The mediation shall be terminated:
  1. By the execution of a settlement agreement by the parties or
  2. By a written or verbal declaration of the mediator to the effect that further efforts at mediation would not contribute to a resolution of the parties’ dispute or
  3. By a written or verbal declaration of any party to the effect that the mediation proceedings are terminated or
  4. When there has been no communication between the mediator and any party or party’s representative for 21 days following the conclusion of the mediation conference or
  5. The parties may request the mediator (by signing the settlement agreement or otherwise) or DRH to issue an attestation that a settlement was reached during mediation to assist in the enforcement as per applicable law.
Neither the DRH nor any mediator is a necessary party in judicial proceedings relating to the mediation. Neither DRH nor any mediator shall be liable to any party for any error, act or omission in connection with any mediation conducted under these Rules.
The mediator shall interpret and apply these Rules insofar as they relate to the mediator’s duties and responsibilities. All other Rules shall be interpreted and applied by DRH.
Unless otherwise directed by the mediator, DRH will require the parties to deposit in advance of the mediation conference such sums of money as it, in consultation with the mediator, deems necessary to cover the costs and expenses of the mediation, and DRH shall render an accounting to the parties and return any unexpended balance at the conclusion of the mediation.
All mediation expenses, including required travel and other expenses or charges of the mediator, shall be borne equally by the parties unless they agree otherwise. The expenses of participants for either side shall be paid by the party requesting the attendance of such participants.
Contact solve@resolutionhub.in for CURRENT ADMINISTRATIVE FEE SCHEDULE.