IM Rules



  1. Where the parties have agreed to refer their disputes in respect of defined legal relationship whether contractual or not, to ILSCA for mediation (whether before or after a dispute has arisen) in accordance with the ILSCA (IM) Rules, the parties shall be deemed to have agreed that the mediation shall be conducted pursuant to and administered in accordance with the ILSCA (IM) Rules.
  2. Such agreement may have been:
    1. Entered into before the dispute arose; or
    2. Entered into after the emergence of the dispute.
  3. These Rules shall be called as the ILSCA Institutional Mediation Rules (for brevity’s sake ILSCA (IM) Rules.)
  4. These Rules shall come into force from 10th January 2021 and unless the parties have agreed otherwise, shall apply to any mediation or conciliation proceedings commenced on and after that date.
  5. These Rules shall also apply to mediation initiated under the Arb-Med-Arb procedure, where mediation is commenced on a referral by an Arbitral Tribunal.
  6. Where any of these Rules is in conflict with a mandatory provision of law applicable to the mediation or the agreement to mediate from which the parties cannot derogate, that provision of law shall prevail.
  7. The mediations referred to ILSCA shall be steered and administered by the Appointing Authority, ILSCA, in accordance with the ILSCA (IM) Rules. The parties are deemed to have authorized the Appointing Authority to determine all issues related to mediation proceedings, as per the ILSCA (IM) Rules, and as per the law for the time being in force.
In these Rules, unless the context otherwise requires –
  1. “Advisory Body of ILSCA” means the Advisory Body constituted by the Governing Council of Indian Law Society;
  2. “Arb-Med-Arb Procedure” means a hybrid procedure of Arbitration-MediationArbitration conducted under the ILSCA Arb-Med-Arb Rules;
  3. “Dispute” means all disputes or differences arising out of defined legal relationship, contractual or otherwise, between the parties;
  4. “ILSCA” means the Indian Law Society’s Centre for Arbitration and Mediation;
  5. “ILSCA Code of Ethics” means Code of Ethics and Conduct & Disclosure Rules for Mediators appointed under ILSCA (IM) Rules;
  6. “ILSCA (IM) Rules” means the Institutional Mediation rules framed by the Indian Law Society’s Centre for Arbitration and Mediation (ILSCA), to regulate the process of settlement of disputes through mediation;
  7. “ILSCA Panel of Mediators” means the Panel of Mediators maintained by ILSCA on the approval of Advisory Body of ILSCA;
  8. “ILSCA Secretariat” means the Secretariat of ILSCA, appointed by the Governing Council of Indian Law Society;
  9. “ILSCA Mediation Agreement” means an agreement executed between all the parties to the dispute and/or their counsels to submit their dispute to be resolved through mediation as per ILSCA (IM) Rules;
  10. "International Mediation" means mediation undertaken under these Rules and relates to a commercial dispute arising out of a legal relationship, contractual or otherwise, under any law for the time being in force in India, and where at least one of the parties, is—
    1. an individual who is a national of, or habitually resides in, any country other than India; or
    2. a body corporate including a Limited Liability Partnership of any nature, with its place of business outside India; or
    3. an association or body of individuals whose place of business is outside India; or
    4. the Government of a foreign country;
  12. “Mediation Agreement” means an agreement by the parties to submit to Mediation all or certain disputes which have arisen, or which may arise between them out of defined legal relationship, contractual or otherwise. A Mediation Agreement may be in the form of a Mediation clause in a contract or in the form of a separate contract;
  13. “Mediation” means a process whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a neutral third person (“the mediator”) through the use of specialized communication and negotiation techniques by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to resolve the dispute. It is a party-centered, structured, voluntary, and confidential process that focuses primarily upon the needs, rights, and interests of the parties;
  14. “Mediator” means an independent and impartial person, trained and certified to be a mediator. The term "Mediator" applies to a sole Mediator, two or three Mediators, as the case may be;
  15. “Mediated Settlement Agreement” means and includes an agreement in writing reached by the parties to a dispute, consisting of terms of settlement of dispute, reached by some or all the parties to mediation, settling the whole or part of the dispute, and signed by the parties and authenticated by the mediator in accordance with ILSCA (IM) Rules. The term signing includes digital signatures and wherever necessary, affixing the seal of an entity. The terms of the mediated settlement agreement may extend beyond the disputes referred to mediation;
    Note: A mediated settlement agreement which is void under the Indian Contract Act, 1872, shall not be deemed to be lawful settlement agreement within the meaning of mediated settlement agreement.
  16. “Parties” mean the disputing parties or, wherever admissible, their authorized representatives, duly authorized, by a Power of Attorney or otherwise;
Note:
  • In these rules, words importing the male gender include, where the context admits or requires, the female gender and vice versa.
  • In these rules, singular noun shall be understood to refer to the plural and vice versa in the appropriate circumstances.
  1. All communications made to ILSCA shall be addressed to the Appointing Authority, ILSCA.
  2. All communications and applications to ILSCA under these Rules shall be in English. The Appointing Authority may request from the parties a translation of any document to English if the document is written in a language other than English, if such document is required for ILSCA to fulfill its mandate under these Rules.
  3. For the purposes of these Rules, any notice, application, request, communication or proposal shall be in writing. Any such written communication may be delivered personally or by registered post or courier service, or transmitted by any form of electronic communication (including electronic mail), or delivered by any other means that provides a record of its transmission.
  4. Written Communication shall be deemed to have been received if it is delivered:
    1. to the addressee personally; or
    2. to his habitual residence, place of business or designated address; or
    3. to any address agreed by the parties; or
    4. according to the practice of the parties in prior dealings; or
    5. to any email address or through any other form of electronic communication agreed by the parties or used by them in their prior dealing.
    If none of the above can be found after making reasonable inquiry, then the Written Communication shall be deemed to have been received if it is delivered to addressee’s lastknown residence or place of business.
  5. Any written communication, including communication through electronic means, shall be deemed to have been received on the day when it is delivered. The time of receipt shall be determined with reference to the recipient’s time zone.
  6. For the purposes of calculating any period of time under these Rules, such period shall begin to run on the day following the day when a written communication or proposal is deemed to have been received as per Rule 3.4.
  7. When the day next following the date of receipt is a non-business day in the place of receipt as per Rule 3.5, the time period commences on the first following business day.
  8. If the last day of such period is a non-business day at the place of receipt, the period is extended until the first business day which follows. Non-business days occurring during the running of the period of time are included in calculating the period.
  9. After the appointment of the mediator(s), where any party delivers any written communication to the mediator(s), it shall simultaneously deliver a copy to each mediator, all other parties and the Appointing Authority, ILSCA and shall confirm in writing to the mediator that it has done so.
  10. All written communications to ILSCA shall be sent to the following addresses only;
    1. To the Appointing Authority,
      Indian Law Society’s Centre for Arbitration and Mediation (ILSCA), ILS Law College Campus, Chiplunkar Road (Law College Road), Pune - 411004.
    2. ilsca@ilslaw.in
  1. There shall be one Mediator unless the parties agree that there shall be more than one Mediator. Where there is more than one Mediator, they ought, as a general rule, to act jointly
  1. The parties shall be free to agree upon the name of mediator from the ILSCA Panel of Mediators. The party/parties requesting the commencement of mediation under ILSCA (IM) Rules can nominate a mediator from the ILSCA Panel of Mediators at the time of submitting such request to the Appointing Authority, ILSCA.
  2. If the party requesting the commencement of mediation does not nominate a mediator or if the opposite party objects to the nomination of the mediator or if the parties fail to agree on the appointment of a mediator, the Appointing Authority, ILSCA shall appoint a mediator from the ILSCA Panel of Mediators.
  3. Upon receipt of the request for commencement of mediation, the Appointing Authority, ILSCA, shall appoint the mediator(s) as agreed upon by the parties or, where the parties fail to agree on the appointment, from the ILSCA Panel of Mediators, as the case may be, within seven (7) days.
  4. Where the parties agree on the name of a particular mediator from the ILSCA Panel of Mediators, the Appointing Authority shall send a communication to the proposed mediator to obtain the consent to serve from such nominated mediator and notify the parties accordingly.
  5. The proposed mediator shall communicate his willingness or otherwise within seven (7) days from the date of receipt of communication of nomination from the Appointing Authority.
  6. Before appointment, a proposed Mediator shall sign the statement of acceptance, availability, impartiality and independence. The mediator shall be deemed to have been appointed only after signing the said statement. The Appointing Authority shall communicate to the parties about the appointment of the mediator accordingly.
  1. The Appointing Authority, ILSCA before the confirmation of appointment of mediator, shall send an official communication to the prospective mediator to act as a Mediator in relation to the particular dispute along with the details of the dispute. The Appointing Authority shall seek the Mediator’s Statement for Acceptance, Availability, Impartiality and Independence as prescribed in the Schedule to ILSCA Code of Ethics for Mediators from such prospective mediator.
  2. The person appointed as a mediator shall, prior to acceptance of appointment and the conduct of mediation, disclose in writing to the Appointing Authority, ILSCA, and the parties regarding any circumstance or potential circumstance, personal, professional, financial, or otherwise, that may constitute any conflict of interest or that is likely to give rise to justifiable doubts as to his independence or impartiality as a mediator. The mediator shall submit the same to the Appointing Authority along with three (3) copies thereof.
  3. If, following appointment, and during the mediation, a mediator becomes aware of any circumstances that may create a reasonable perception of bias, partiality or lack of neutrality, the mediator shall, without delay, disclose to the Appointing Authority and the parties in writing.
  4. Upon receipt of the information, the parties shall be given seven (7) days for their comments. If any party takes objection to the proposed Mediator within seven (7) days, he shall not be appointed. In such case the Appointing Authority, ILSCA shall nominate another suitable Mediator from the ILSCA Panel of Mediators.
  5. Upon disclosure under rules 6.1 or 6.2, the parties shall have the option to waive any objection if all parties express the same and communicate, in writing, to the Appointing Authority, which shall be construed as the consent of parties for the continuation of the nominated mediator or appointed mediator, as the case may be.
  6. Upon disclosure under rules 6.1 or 6.2, if either party desires to replace the mediator, then such party shall apply to the Appointing Authority for termination of the mandate of mediator.
  1. The Appointing Authority, ILSCA may terminate the mandate of a mediator upon—
    1. the receipt of application from a party under rule 6.6; or
    2. the receipt of information about the mediator being involved in a matter of conflict of interest from participants or any other person: Provided that termination under the above clauses shall be effected if, after giving a hearing to the mediator, the Appointing Authority, ILSCA finds that there is justifiable doubt as to the independence or impartiality of the mediator and that the same has been brought to the notice of parties and that they desire to replace the mediator; or
    3. the recusal of the appointed mediator at any stage or his disability from acting as a mediator or his withdrawal from mediation for any reason; or
    4. the mediator becoming de jure or de facto unable to fulfill his functions; or
    5. the death of the mediator.
  1. Upon termination of the mandate of a mediator, the Appointing Authority, ILSCA shall appoint a substitute mediator from the ILSCA Panel of Mediators within a period of seven (7) days from the date of such termination.
  1. The ILSCA Panel of Mediators is selected by the Advisory Body of ILSCA from amongst persons who are qualified and possess knowledge and experience in their respective field of profession and mediation process, and are willing to serve as mediators generally or in specific fields (See Rules for Empanelment to ILSCA Panel of Mediators).
  2. Empanelment to the ILSCA Panel of Mediators shall be for a period of Five (5) years. On expiry of Five (5) years the Advisory Body may extend the term at its discretion.
  3. Nevertheless, in case of a person whose term of Five (5) years comes to an end before conclusion of a pending mediation process referred to him, his membership shall continue till the conclusion of such mediation process.
  4. The Advisory Body of ILSCA may at any time add the name of any person to the ILSCA Panel of Mediators or delete the name of any person from the Panel.
  5. The Appointing Authority, ILSCA shall prepare and maintain an up-to-date list of Mediators approved by Advisory Body of ILSCA together with adequate information as to their qualifications and experience.
  6. Those desirous of being empanelled as a Mediator with the ILSCA are deemed to be aware that on their name being removed from the ILSCA Panel of Mediators, they would have no right to claim compensation or damages from the ILSCA; nor would they be entitled to seek reinstatement of their names in the ILSCA Panel of Mediators.
  7. ILSCA reserves the right to retain or remove any mediator empanelled on the ILSCA Panel of Mediators.
  1. Before the commencement of Mediation, based on the request of the lawyers of the parties or by the Mediator, the Appointing Authority, ILSCA shall convene a pre-Mediation conference with the Mediator, parties and lawyers, so as to have a preliminary meeting to discuss the process and procedure of Mediation.
  1. All parties to a dispute that have entered into an Agreement to Mediate and are willing to resolve their dispute through mediation under ILSCA (IM) Rules must file with the Appointing Authority, ILSCA, the Request for Commencement of Mediation – in Form A. Such request for commencement of mediation shall be accompanied by a self-attested copy of the Agreement to Mediate.
  2. Where an Agreement to Mediate in writing between parties exists and the parties have agreed that in case a dispute arises between them, they will get their dispute resolved through mediation as per ILSCA (IM) Rules, and if a dispute arises between them, any of the parties may request commencement of mediation in accordance with ILSCA (IM) Rules, by delivering a written request for commencement of mediation – in Form A – to the other party or parties with a copy to the Appointing Authority, ILSCA.
  3. The party/parties requesting commencement of Mediation according to ILSCA (IM) Rules, must file with ILSCA the Request for Commencement of Mediation – in Form A. Such request for commencement of mediation shall be accompanied by a self-attested copy of the Agreement to Mediate.
  4. In absence of a Mediation Agreement, and if a dispute arises between the parties, the party who wishes to commence mediation in accordance with ILSCA (IM) Rules, shall submit a written request for commencement of mediation with Appointing Authority, ILSCA – in Form B – and also send a copy of the same to the other party/parties.
  5. Such request for commencement of mediation must contain:
    1. names, addresses, telephone numbers and email id of disputing parties;
    2. a brief statement as to the nature of the dispute;
    3. the quantum in dispute (if any);
    4. the relief or remedy sought;
    5. name of the proposed mediator, if any;
    6. proof of payment of non-refundable ILSCA Filing Fee as specified in ILSCA Schedule of Fees –Mediation.
  6. Within thirty (30) days after receipt of the request for commencement of mediation the party or the parties who receive such request shall notify the other party and the Appointing Authority, ILSCA about their willingness or unwillingness to participate in the process of mediation.
  7. Failure by the other party to communicate within thirty (30) days after receipt of the request for commencement of mediation shall be treated as a refusal to participate in the process of mediation.
  8. The date of the commencement of the mediation shall be the date on which Appointing Authority, ILSCA, receives ILSCA Mediation Agreement signed by all the parties and their counsels, if any.
  9. All Party(ies), Counsel, Mediator(s) and ILSCA shall sign the ILSCA Mediation Agreement, before the commencement of the first mediation session.
  10. Where parties have chosen to resolve their disputes by application of ILSCA (IM) Rules, mediation proceedings are held at ILSCA, ILS Law College Campus, Chiplunkar Road (Law College Road), Pune – 411004, unless in exceptional circumstances, the Appointing Authority permits, in its discretion, holding of oral hearings outside ILSCA.
  1. The parties and the mediator may agree on the procedure to be followed by the Mediator in the conduct of the Mediation proceedings, during the pre-mediation conference.
  2. Where the parties do not agree on any particular procedure to be followed by the mediator during the pre-mediation conference, the Mediator may conduct the Mediation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes of the parties, and any other factor that the mediator deems fit for a speedy settlement of the dispute.
  3. The Mediator shall fix, in consultation with the parties, a time schedule, the dates and the time of each Mediation session, where all parties have to be present.
  4. The Mediator may choose to conduct joint or separate meetings with the parties.
  1. The mediator shall assist the parties in an independent, neutral and impartial manner in their attempt to reach an amicable settlement of their dispute.
  2. The mediator shall be guided by principles of fairness and justice, having regard to the rights and obligations of the parties, usages of trade, if any, and the circumstances of the dispute.
  3. The mediation process may include the mediator taking such measures as may be considered appropriate, taking into account the circumstances of the case, including meeting with parties or participants, jointly or separately, as frequently as deemed fit by the mediator, both in order to convene the mediation, and during the mediation for the orderly and timely conduct of the process and to maintain its integrity.
  4. The mediator shall not be bound by the Code of Civil Procedure, 1908, or the Indian Evidence Act, 1872.
  5. The mediator with the consent of the parties shall determine the language or languages to be used in the mediation process.
  1. The Mediator, upon his appointment, may request each party to submit to him a brief written statement describing the general nature of the dispute and the points at issue. Each party shall send a copy of its statement to the other party and the Appointing Authority, ILSCA.
  2. The Mediator may request each party to submit to him or her a further written statement of its position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party shall send a copy of such statement to the other party and the Appointing Authority, ILSCA.
  3. Each written statement should be accompanied by copies of any documents to which it refers.
  4. At any stage of the Mediation proceedings the Mediator may request a party to submit to him or her such additional information as he or she deems appropriate.
  1. The mediator 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 solve the dispute, emphasizing that it is the responsibility of the parties to take decision which affect them; he shall not impose any terms of settlement on the parties.
  2. The mediator, at the commencement of the mediation, shall introduce himself or herself, explain the meaning and merits of mediation, highlighting the voluntary process, neutrality, confidentiality and rules of mediation.
  3. The mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advice. Arrangements for obtaining such advice shall be made by the mediator in consultation with the parties and Appointing Authority, ILSCA.
  4. The mediator shall do their best to ensure that the mediation proceeds in an expeditious manner.
  5. The parties shall be informed expressly by the mediator that he only facilitates in arriving at a decision to resolve a dispute and that he may not impose any settlement nor give any assurance that the mediation may result in a settlement.
  6. After each session of mediation, the Mediator shall submit a Mediation Record Form, indicating the duration of the mediation session and result of the session to Appointing Authority, ILSCA. This shall be signed by the mediator and Appointing Authority, ILSCA.
  7. Unless otherwise agreed by the parties —
    1. the mediator shall not act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceeding in respect of a dispute that is the subject matter of the mediation proceedings;
    2. the mediator shall not be presented by the parties as a witness in any arbitral or judicial proceeding.
  1. The parties shall give full assistance to enable the mediation to proceed and be concluded within the time stipulated.
  2. Each party may at its own initiative or at the invitation of the mediator, give suggestions for settlement of the dispute.
  3. The parties must understand that the mediator only facilitates in arriving at a decision to resolve disputes and that he will not and cannot impose any settlement nor does the mediator give any warranty that the mediation will result in a settlement. The mediator shall not impose any decision on the parties.
  4. While no one can be compelled to commit to settle his case in advance of mediation, all parties shall commit to participate in the proceedings in good faith with the intention to settle the disputes.
  5. Throughout the mediation the parties and their representatives shall use their reasonable best efforts to cooperate with each other and with the mediator to settle their differences and enable the mediation to proceed expeditiously.
  1. The parties may mutually consent to settle their dispute through mediation in accordance with ILSCA (IM) Rules.
    Provided that, should the mediation fail, or where a mediation succeeds and a Mediated Settlement Agreement is arrived at, and should the parties wish to challenge the same, they may only do so in a Court or tribunal of competent jurisdiction.
  1. Where any party is not present in person, he may, or where the party concerned is a corporate entity it shall, depute a representative conversant with the matter in dispute to appear on his or its behalf with authority to participate, negotiate and settle the dispute in a way that would bind the authorizing party. The parties may be represented or assisted by persons of their choice. Each party shall notify in advance the names and the role of such persons to the Appointing Authority, ILSCA and the other party/parties.
  2. A party can be represented through his counsel or Power of Attorney holder. Such counsel or Power of Attorney holder shall have the power to enter into any settlement.
  3. If any of the parties is assisted by a legal counsel, the other party shall also be entitled to such assistance by a legal counsel.
  4. The names, addresses, phone and fax numbers of all parties to the dispute, and those who will represent them, should be exchanged between the parties and also furnished to Appointing Authority, ILSCA.
  1. In order to facilitate the conduct of the mediation proceedings, the parties, or the mediator with the consent of the parties, may arrange for administrative assistance by the ILSCA.
  2. ILSCA shall, at the request of the mediator or a party, make available, or arrange for, such facilities and assistance for the conduct of the mediation proceedings as may be required, including suitable accommodation for sittings of the mediator, secretarial assistance and interpretation facilities.
  3. ILSCA may charge for such services and require payment in advance or the provision of security before providing such services.
  1. The mediator may invite the parties to meet with him or her or may communicate with them orally or in writing. He or she may meet or communicate with the parties together or with each of them separately.
  2. Unless the parties have agreed otherwise, the place where meetings with the mediator are to be held shall be Indian Law Society’s Centre for Arbitration and Mediation (ILSCA), ILS Law College Campus, Chiplunkar Road (Law College Road), Pune - 411004.
  1. When the mediator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in order for the other party to have the opportunity to present any explanation which he considers appropriate.
    However, when a party gives any information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose that information to the other party.
  1. The mediation proceedings under ILSCA (IM) Rules shall be completed within a period of one hundred and eighty (180) days from the date fixed for the first mediation session.
  2. The period for mediation mentioned under Rule 22.1., may be extended for a further period as agreed by the parties, but not exceeding one hundred and eighty days.
  1. When the mediator finds that there exist elements of settlement, he shall formulate the terms of a possible settlement and submit to the parties for their observations. After receiving their observations, the terms may be reformulated by the mediator.
  2. If the parties reach an agreement on the settlement terms, the mediator with the assistance of Appointing Authority, ILSCA, shall draw up a mediated settlement agreement on the terms agreed by the parties and the parties shall sign such agreement.
  3. The mediator shall authenticate the mediated settlement agreement and furnish a copy to each party and the Appointing Authority.
  4. When the parties sign the mediated settlement agreement, it shall be final and binding on the parties and persons claiming under them. The mediated settlement agreement shall be enforced in accordance with the law for the time being in force.
  5. In the case of Arb-Med-Arb procedure, where a dispute is fully or partially resolved, the same shall be reduced to writing and signed by the parties, which shall be submitted to Appointing Authority, ILSCA. The Appointing Authority shall forward the same to the Arbitral Tribunal along with the Mediation Status Report.
  6. Where no agreement is arrived at between the parties, before the time limit stated in these rules or where, the Mediator is of the view that no settlement is possible, a report merely stating “Mediation failed” shall be sent to the Appointing Authority, ILSCA. Provided that the report shall not disclose the cause of failure of the parties to reach a settlement, or any other matter or thing referring to their conduct, during mediation.
  7. Any mediated settlement agreement under this section shall also include a settlement agreement resulting from online mediation and duly signed by the parties by way of secure electronic signature or otherwise and authenticated by the mediator in the like manner.
  1. The mediator, the ILSCA, including the Appointing Authority, members of the Advisory Body of ILSCA, members of ILSCA Secretariat, officers, employees, the parties and participants in the mediation shall keep confidential the following matters relating to the mediation proceedings, namely –
    1. acknowledgements, opinions, suggestions, promises, proposals, apologies and admissions made during the mediation;
    2. acceptance of, or willingness to, accept proposals made or exchanged in the mediation;
    3. documents prepared solely for the conduct of mediation or in relation thereto.
  2. No audio or video recording of the mediation proceedings shall be made or maintained by the parties or the participants including the mediator and the ILSCA, whether conducted in person or online to ensure confidentiality of the conduct of mediation proceedings.
  3. No party to the mediation shall in any proceeding before a court or tribunal including arbitral tribunal, rely on or introduce as evidence any information or communication set forth in clauses (i) to (iii) of rule 24.1, including any information in electronic form, or verbal communication.
  4. The provisions of this rule shall not prevent the mediator from compiling or disclosing general information concerning matters that have been subject of mediation, for research, reporting or training purposes, if the information does not expressly or indirectly identify a party or participants or the specific disputes in the mediation.
    For the removal of doubts, it is hereby clarified that nothing contained in this rule shall apply to the mediated settlement agreement where its disclosure is necessary for the purpose of registration, implementation, enforcement and challenge.
  1. Mediation sessions are private; only the concerned parties and/or their counsel or power of attorney holders can attend. Any other persons may attend the mediation with the consent of the respective party who desires to rely on the support of such other person and with the permission of the mediator.
  2. The Mediator shall not invite any persons not connected with the mediation to witness the proceedings without the consent of all the parties.
  3. If the Mediator desires to take the assistance of a co- Mediator or any expert, he shall do so only with the consent of all the parties.
  1. The mediation proceedings under the ILSCA (IM) Rules shall be deemed to terminate —
    1. on the date of signing and authentication of the mediated settlement agreement; or
    2. on the date of the written declaration of the mediator, after consultation with the parties or otherwise, to the effect that further efforts at mediation are no longer justified; or
    3. where a party fails to appear before the mediator consecutively for the first two mediation sessions and the mediator has not received any communication from such party, then, on the expiry of seven days from the date of the second mediation session; or
    4. on the date of the communication by a party or parties in writing, addressed to the mediator and the other parties to the effect that the party wishes to opt out of mediation; or
    5. on the expiry of time-limit under Rule 22.
  1. The parties undertake not to initiate, during the mediation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject-matter of the mediation proceedings, except that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights.
  1. A mediated settlement agreement resulting from a mediation signed by the parties and authenticated by the mediator shall be final and binding on the parties and persons claiming under them respectively and enforceable in accordance with the law for the time being in force.
  1. Each party shall bear its own costs regardless of the outcome of mediation or of any subsequent arbitral or judicial proceedings.
  2. Unless otherwise agreed, all other costs and expenses shall be borne equally by the parties and the parties shall be jointly and severally liable to pay to the mediator and the ILSCA such costs, including —
    1. ILSCA Filing Fee;
    2. the ILSCA administrative costs in support of mediation;
    3. the mediator’s fees and expenses;
    4. the travel and other expenses of the mediator;
    5. charges for the usage of ILSCA premises for the conduct of mediation proceedings;
    6. the expenses for any expert advice or opinion requested by the mediator with the consent of the parties; and
    7. the travel and other expenses of witnesses requested by the mediator with the consent of the parties.
  3. The Mediator fee shall be fixed by ILSCA in accordance with the ILSCA Fee Schedule – Mediation, unless the mediator and the parties have otherwise agreed.
  4. The non-refundable ILSCA Filing Fee and the administrative costs of mediation shall be fixed by ILSCA in accordance with the ILSCA Fee Schedule – Mediation.
  5. The payment schedule and deposits as per ILSCA Fee Schedule – Mediation shall be complied by the parties and on default, ILSCA may suspend the mediation process until such deposit is made.
  6. Any surplus funds deposited shall be returned to the parties at the conclusion of mediation.
  7. Each party shall be liable for the payment of charges or fees to their respective counsels/consultants/advisers.
  1. The Appointing Authority, ILSCA, upon the appointment of mediator, may request each party to deposit an equal amount as an advance for the costs referred to in Rule 29 which are expected to be incurred.
  2. During the course of the mediation proceedings the Appointing Authority may request supplementary deposits in an equal amount from each party.
  3. If the required deposits under this rule are not paid in full by both parties within thirty (30) days of the request made by the Appointing Authority, upon being informed by the Appointing Authority, the mediator may suspend the proceedings or may make a written declaration of termination of the mediation proceeding to the parties, effective from the date of that declaration.
  4. Upon termination of the mediation proceedings, the Appointing Authority shall render an account to the parties of the deposits received and return any unexpended balance to the parties.
  1. The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the mediation proceedings -
    1. the views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
    2. the admissions made by the other party in the course of the mediation proceedings;
    3. the proposals made by the mediator; or
      4. the fact that the other party had indicated its willingness to accept a proposal for settlement made by the mediator.
  1. ILSCA, including the Appointing Authority, members of the Advisory Body of ILSCA, members of ILSCA Secretariat, officers, employees, or any mediator, shall not be liable to any person for anything done in good faith in relation to any mediation conducted in accordance with ILSCA (IM) Rules.
  2. ILSCA, including the Appointing Authority, members of the Advisory Body of ILSCA, members of ILSCA Secretariat, officers, employees, or any mediator, shall not be under any obligation to make any statement or act as a witness in any legal proceedings in connection with any mediation conducted in accordance with ILSCA (IM) Rules.
  3. All parties shall jointly and severally indemnify ILSCA, including the Appointing Authority, members of the Advisory Body of ILSCA, members of ILSCA Secretariat, officers, employees, or any mediator, against all liabilities arising out of or in connection with any such action
  1. Any party who proceeds with the mediation with the knowledge that any provision or requirement of these rules, or any other law applicable to the mediation proceedings, or of the agreement to mediate, has not been complied with and who fails to state his objection thereto in writing, without undue delay, or if a time limit is provided for stating the objection, within that period of time to the Appointing Authority, ILSCA, shall be deemed to have waived his right to object.
  1. All documents, evidence, and the mediated settlement agreement, if any, whether electronic or otherwise, related to mediation proceedings conducted in accordance with ILSCA (IM) Rules, shall be preserved by the Appointing Authority, ILSCA, in the custody of ILSCA Secretariat for one (1) year from the date of signing of the mediated settlement agreement by the parties.
  2. All documents, evidence, and the mediated settlement agreement, if any, whether electronic or otherwise, related to mediation proceedings conducted in accordance with ILSCA (IM) Rules, shall be preserved by the Appointing Authority in digitalized form.
  3. No party is entitled as of right to copies of documents or other evidence produced before the mediator. On application to the Appointing Authority the parties may get the copies of such documents or evidence on payment of requisite charge as mentioned in ILSCA Schedule of Fees – Mediation.
  1. The decision of the Appointing Authority, ILSCA on any question relating to interpretation of these rules or any procedural matter thereunder shall be final and binding on the parties.
  1. The Appointing Authority, ILSCA may take appropriate decisions, as it considers necessary, in respect of all matters which are not specifically provided in these Rules.