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TMI BlogCompanies (Mediation and Conciliation) Rules, 2016X X X X Extracts X X X X X X X X Extracts X X X X ..... diation and Conciliation Panel. (2) The words and expressions used in these rules but not defined and defined in the Act or in the Companies (Specification of Definitions Details) Rules, 2014 shall have the meanings respectively assigned to them in the Act or the rules. 3. Panel of mediators or conciliators .─ (1) Regional Director shall prepare a panel of experts willing and eligible to be appointed as mediators or conciliators in the respective regions and such panel shall be placed on the website of the Ministry of Corporate Affairs or on any other website as may be notified by the Central Government. (2) The Regional Director may invite applications from persons interested in getting empanelled as mediator or conciliator and possessing the requisite qualifications specified in Rule 4. (3) A person who intends to get empanelled as mediator or conciliator and possesses the requisite qualifications shall apply to the Regional Director in Form MDC-1. (4) Application received under sub-rule (3), if rejected by the Regional Director, the Regional Director shall record the reasons in writing for the same. (5) The Regional Director shall invite applications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Conciliator and his appointment - (1) (a) Parties concern may agree on the name of the sole mediator or conciliator for mediation or conciliation between them; (b) Where, there are two or more sets of parties and are unable to agree on a sole mediator or conciliator, the Central Government or the Tribunal or the Appellate Tribunal may ask each party to nominate the mediator or conciliator or the Central Government or the Tribunal or the Appellate Tribunal may appoint the mediator or conciliator, as may be deemed necessary for mediation or conciliation between the parties. (2) The application to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, for referring the matter pertaining to any proceeding pending before it for mediation or conciliation shall be in Form MDC-2 and shall be accompanied with a fee of one thousand rupees. (3) On receipt of an application under sub-rule (2), the Central Government or the Tribunal or the Appellate Tribunal shall appoint one or more experts from the panel. (4) The Central Government or the Tribunal or the Appellate Tribunal, as the case may be, before which any proceeding is pending may, suo mot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties, the dates and the time of each mediation or conciliation session, where all parties have to be present ; (ii) he shall hold the mediation or conciliation at the place decided by the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, or such other place where the parties and the mediator or 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 or conciliator a brief memorandum setting forth the issues, which need to be resolved, and his position in respect of those issues and all information reasonably required for the mediator or conciliator to understand the issue and a copy of such memorandum shall also be given to the opposite party or parties: Provided that in suitable or appropriate cases, the above mentioned period may be reduced at the discretion of the mediator or conciliator; (v) each party shall furnish to the mediator or conciliator such other information as may be required by him in connection with the issues to be resolved. (2) Where there is more than one mediator or conciliator, the mediator or conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any stage of the proceedings with a notice to the mediator or conciliator. 17. Role of Mediator or Conciliator . ─ The mediator or conciliator 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 resolve the dispute, emphasising that it is the responsibility of the parties to take decision which affect them and he shall not impose any terms of settlement on the parties : Provided that on consent of both the parties, the mediator or conciliator may impose such terms and conditions on the parties for early settlement of the dispute as he may deem fit. 18. Parties alone responsible for taking decision. ─The parties shall be made to understand that the mediator or conciliator facilitates in arriving a decision to resolve the dispute and that he shall not and cannot impose any settlement nor the mediator or conciliator give any assurance that the mediation or conciliation shall result in a settlement and the mediator or conciliato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion or conciliation proceedings ; (ii) documents obtained during the mediation or conciliation which were expressly required to be treated as confidential or other notes, drafts or information given by the parties or the mediator or conciliator. (iii) proposals made or views expressed by the mediator or conciliator ; (iv) admission made by a party in the course of mediation or conciliation proceedings. (4) There shall be no audio or video recording of the mediation or conciliation proceedings. (5) No statement of parties or the witnesses shall be recorded by the mediator or conciliator. 22. Privacy. ─ The mediation or conciliation sessions or meetings shall be conducted in privacy where the persons as mentioned in rule 13 shall be entitled to represent parties but other persons may attend only with the permission of the parties and with the consent of the mediator or conciliator. 23. Protection of action taken in good faith .─No mediator or conciliator shall be held liable for anything, which is done or omitted to be done by him, in good faith during the mediation or conciliation proceedings for civil or criminal action nor shall be summoned by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... settlement is possible, he shall report the same to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, in writing. 26. Fixing date for recording settlement and passing order .─(1) The Central Government or the Tribunal or the Appellate Tribunal as the case may be, shall fix a date of hearing normally within fourteen days from the date of receipt of the report of the mediator or conciliator under rule 25 and on such date of hearing, if the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, is satisfied that the parties have settled their dispute, it shall pass an order in accordance with terms thereof. (2) If the settlement disposes of only certain issues arising in the proceeding, on the basis of which any order is passed as stated in sub-rule (1), the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, shall proceed further to decide the remaining issues. 27. Expenses of the mediation and conciliation. ─(1) At the time of referring the matter to the mediation or conciliation, the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed in the office of mediator or conciliator ; (i) conduct all proceedings related to the resolutions of a dispute, in accordance with the relevant applicable law ; (j) recognise that the mediation or conciliation is based on principles of self-determination by the parties and that the mediation or conciliation process relies upon the ability of parties to reach a voluntary, undisclosed agreement ; and (k) maintain the reasonable expectations of the parties as to confidentiality and refrain from promises or guarantees of results. Provided that if any party finds conduct of mediator or conciliator violative of ethics laid down in this rule, the party may immediately bring it to the notice of the Regional Director. 29. Resort to arbitral or judicial proceedings .─The parties shall not initiate, during the mediation or conciliation under these rules, any arbitral or judicial proceedings in respect of a matter that is the subject-matter of the mediation or conciliation, except that a party may initiate arbitral or Judicial proceedings, where, in his, opinion, such proceedings are necessary for protecting his rights. 30. Matters not to be referred to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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