The process of Mediation/Conciliation is a dispute resolution process which is non-adversarial in nature and seeks to find reconciliation between disputing parties with its main focus being informal, quick and no harm to either party
The role of Mediator/conciliator is to facilitate the parties to reach mutually satisfactory resolution to the problem with the decision making authority resting with the parties and not the Mediator/Conciliator. If the parties could not arrive at a settlement, the Mediator/Conciliator will not impose a resolution
The Mediator/Conciliator has no authority to make decision or to act as a Judge or Arbitrator and that he will neither act as advocate or attorney for anyone.
Mediation/Conciliation is a confidential process and that neither of the parties or the Mediator/Conciliator will be obliged to disclose the proceedings or discussions of the Mediation/Conciliation.
No party shall be bound by anything said or done at the Mediation\Conciliation unless so consented under signatures
If the Settlement is reached through the process of Mediation and Conciliation, the agreement is reduced to writing by the Mediator/Conciliator and when signed and approved by the parties, the same shall be legally binding upon all parties as enforceable under The Arbitration and Conciliation Act, 1996
All the parties as well as Mediator will sincerely attempt to resolve the matter by cooperating and giving serious consideration in a realistic manner
The parties will conduct themselves in courteous and respectful manner before Mediator/Conciliator, use proper language and allow the Mediator/Conciliator in interrupt the process if she feels so for caucus, break or gathering information to conduct the proceedings in a peaceful manner
Neither of the party shall file any Complaint and/or Case against the Mediator for failure of the Mediation/Conciliation Process (if any) on any ground whatsoever.
The mediator cannot be called upon to testify in any proceeding or to disclose to the court as to what transpired during the mediation
