Section 5
राज्य आयोग और जिला आयोग के अध्यक्ष अथर्ा सिस्ट्य की जियुजक्त के जलए अिहवता . ––क –कोई व्यजक्त राज्य आयोग अथर्ा जिला आयोग के अध्यक्ष अथर्ा सिस्ट्य के रूप मइ जियुजक्त के जलए अिहव होगा यदि र्ह -
eposit the same and recover the said amount, from the party in default, in the manner prescribed for the execution of a money decree by a Civil Court;
(ii) no other party deposits the share of the party in default, the Consumer Commission may terminate the mediation proceedings.
Training.—The mediators shall be given appropriate training in conducting mediation by such experts as may be nominated by the Mediation Cell and it shall be obligatory for them to attend such training.
Code of conduct. — (1) The empanelled mediators shall not communicate, directly or indirectly with any of the parties or their associates, affiliates, promoters, holding companies, subsidiaries companies, directors, partners or employees or with any of their counsel during pendency of the mediation proceedings, except during the course of the mediation, in the presence of the parties or their counsel.
The empanelled mediator shall not accept any gift or hospitality from any of the parties or their associates, affiliates, promoters, holding companies, subsidiaries companies, directors, partners or employees or any of their counsel.
In addition to the disclosure required under clauses (a) and (b) of section 77each mediator shall disclose the following information before commencement of the mediation in a case assigned to him, namely:-
(i) whether he has or in the past had any personal, business or professional relationship or connection with any of the parties to the consumer dispute or other proceedings or any person associated or connected in any manner, to any of the parties or their associates, affiliates, parent companies, subsidiaries companies, directors, partners or employees;
(ii) whether there exists any circumstance which may give rise to be reasonable doubt as to his independence and impartiality.
Mediation proceedings.—(1) The mediation shall be conducted in the presence of the parties or their authorised representatives or counsel.
The mediation shall stand terminated on expiry of three months from the date of first appearance before the mediator unless the time for completion of mediation is extended by the Consumer Commission, in which case it shall stand terminated on expiry of such extended time.
The parties shall be entitled to appear before the mediator in person or through their respective counsel or authorised representatives.
The mediator shall be guided by the principles of natural justice and fair play but shall not be bound by the provisions of the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872).
If a party does not participate in the mediation proceedings, the Consumer Commission may direct such a party to participate in the proceedings.
The parties shall provide all such information to the mediator as may be reasonably required by him for conducting the mediation proceedings.
The record of the proceedings shall be prepared by the mediator on every date and shall be signed by the parties or their Counsel, authorised representatives or Attorneys.
The agreement executed between the parties shall be submitted by the mediator, to the Consumer Commission, in a sealed cover, with a forwarding letter.
If no agreement is executed between the parties, within the time prescribed in these regulations, the mediator shall intimate so, to the Consumer Commission, without in any manner disclosing as to what transpired during the mediation proceedings, what was the stand taken by the parties or why the agreement could not be reached.
Role of mediator. — (1) The mediator shall attempt to facilitate a voluntary resolution of the disputes between the parties, assist them in removing the misunderstandings, if any, and generating options to resolve their disputes, but shall not impose any term or any settlement upon the parties.
The mediator shall explain the terms of the agreement, to the parties, before obtaining their respective signatures on it.
Confidentiality.—(1) The parties and the mediator shall maintain confidentiality in respect of the events that transpire during the mediation proceedings and shall not use or rely upon any information, document etc. produced, the proposals and admissions made or the views expressed during the mediation proceedings.
There shall be no audio or video recording of the mediation proceedings.
Communications. — The mediator shall not communicate with the Consumer Commission except by way of his report, with copies to all the parties.
Immunity.—(1)No mediator shall be liable for any civil or criminal proceedings, for any act done or omitted to be done bonafidely by h
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