Allahabad High Court Mediation & Conciliation Centre
PRE-LITIGATION SETTLEMENT SCHEME
Introduction
Supreme Court of India vide order dated 22nd February, 2013 in the matter of K. Sriniwas Rao Vs. DA. Deepa (2013) V SCC 226 has directed all the mediation centres to set up pre-litigation desks and clinics; give them wide publicity and make efforts to settle disputes at pre-litigation stage.
Establishment & Area of Operations
In compliance of directions of the Supreme Court of India, the Pre-litigation Mediation Scheme shall apply to the High Court of Judicature at Allahabad.
A Pre-litigation Desk and Clinic shall be established in the mediation centre of High Court, Allahabad.
The Pre-litigation Desk and Clinic shall function as per the directions of the Hon'ble Committee, Mediation & Conciliation Centre at Allahabad.
Coverage
The disputes arising out of legal relationships, matters of civil nature, contractual disputes, matters related to matrimonial disputes and other matters covered as per directions and guidelines issued from time to time by the Hon’ble Committee for Mediation & Conciliation Centre, Allahabad High Court may be resolved through Pre-litigation Mediation, prior to registration of FIR or filing of civil cases in any court of law.
Application of provisions
The Scheme of Pre-litigation Mediation will be guided by the provisions of the Legal Services Authority Act, 1987 and Pre-litigation Settlement Scheme of Allahabad High Court Mediation & Concilliation Centre.
Application of Pre-litigation Mediation
1. Any party may make an application to the In-charge, Allahabad High Court Mediation & Conciliation Centre as per Form I for initiation of Pre-litigation mediation process.
2. The In-charge, Allahabad High Court Mediation & Conciliation Centre shall having regard to the territorial and pecuniary jurisdiction and the nature of the dispute, register such Application.
3. Thereafter, In-charge, Allahabad High Court Mediation & Conciliation Centre shall issue a notice, as per Form-II through a registered or speed post and electronic means including emails, for the opposite party to appear and give consent to participate in the mediation process on such date not beyond a period of twenty one days from the date of issuance of the said notice.
4. Where no response is received from the opposite party either by post or by e-mail, the In-charge, Allahabad High Court Mediation & Conciliation Centre shall issue a final notice, as per Form -II, to the opposite party in the manner as specified above.
5. Where the Final notice issued under clause 4 remains unacknowledged or where the opposite party refuses to participate in the mediation process, the In-charge, Allahabad High Court Mediation & Conciliation Centre shall treat the mediation process as closed and make a report in this behalf as per Form III. The Applicant and the opposite party shall be informed accordingly.
6. Where the opposite party after receiving the notice as above, seeks further time for his appearence, the In-charge, Allahabad High Court Mediation & Conciliation Centre may if he thinks fit, fix an alternate date not later than fifteen days from the date of receipt of such request from opposite party.
7. Where the opposite party fails to appear on the date fixed under Clause 6, the In-charge, Allahabad High Court Mediation & Conciliation Centre shall treat the mediation process as closed and make a report in this behalf as per Form III. The Applicant and the opposite party shall be informed accordingly.
Procedure
1. Where both the parties to the dispute appear before the In-charge, Allahabad High Court Mediation & Conciliation Centre and give consent to participate in the mediation process, the In-charge, Allahabad High Court Mediation & Conciliation Centre shall assign the dispute to a Mediator from the panel of Mediators of Allahabad High Court Mediation & Conciliation Centre and fix a date for their appearance before the said Mediator.
2. A party to a dispute shall appear before the In-charge, Allahabad High Court Mediation & Conciliation Centre or Mediator, as the case may be, either personally or through his duly authorised representative or Counsel.
3. The In-charge, Allahabad High Court Mediation & Conciliation Centre shall ensure that the mediation process is completed within a period of three months from the date of receipt of application for pre-litigation mediation unless the period is extended for further one month with the consent of the both the parties.
Venue for conducting mediation.
The venue for conducting the mediation shall be the premises of the Allahabad High Court Mediation & Conciliation Centre, Allahabad.
Settlement
1. Once both the parties reach a mutually agreed settlement, the same shall be reduced in writting by the Mediator and shall be signed by the parties to the dispute and the Mediator as per Form-IV specified above.
2. The Mediator shall provide the settlement agreement, in original to all the parties to a dispute and shall also forward a signed copy of the same to the Secretary, High Court Legal Services Committee, High Court, Allahabad.
3. The above settlement as per Form-IV shall be forwarded by the Secretary, High Court Legal Services Committee, High Court, Allahabad to the Competent Authority of Lok Adalat.
4. Where no settlement is arrived at, between the parties, within the time specified above, or where the Mediator is of the opinion that the settlement is not possible, the Mediator shall submit a report to the In-charge, Allahabad High Court Mediation & Conciliation Centre, as per Form- V. The Applicant and the opposite party shall be informed accordingly by the In-charge, Allahabad High Court Mediation & Conciliation Centre.
Award & Termination of proceedings
1. The Lok Adalat shall upon receipt of Reference from the Secretary, High Court Legal Services Committee, High Court, Allahabad examine the settlement and relevant records and accordingly may accept the compromise or settlement between the parties. Such Compromise or Settlement accepted by the Lok Adalat shall be treated as an award under Section 21 of the Legal Services Authorities Act, 1987.
2. Where no award is made by the Lok Adalat on the ground that compromise or settlement could not be arrived at between the parties or is not in accordance with law, to be recorded in writing, the necessary records of the matter shall be returned by it to the In-charge, Allahabad High Court Mediation & Conciliation Centre from which the reference has been received.
3. All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code and every Lok Adalat shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 as per the Section 22(3) of Legal Services Authorities Act, 1987
Expenses of Proceedings
The applicant shall deposit a mandatory fee of Rs. 5000/-(Rupees Five Thousand only) in the account head of AHCMCC, of which Rs. 4000/-(Rupees Four Thousand only) shall be towards mediation charges and Rs. 1000/-(One Thousand only) towards administrative charges.
However, if, upon notice of the Centre, no response is received from the opposite party or where the Final notice issued under clause 4 remains unacknowledged or where the opposite party refuses to participate in the mediation process, an amount of Rs. 4000/-(Rupees Four Thousand only) shall be returned to the applicant.
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