Delhi High Court Mediation and Conciliation: Rules, Process & Key Takeaways

Rules and Process of Mediation and Conciliation

1. Application (Rule 1): The Rules apply to all mediation and conciliation linked with cases pending in the High Court of Delhi or subordinate courts. Cases referred to the Delhi High Court Mediation and Conciliation Centre or other centres are governed by these Rules.

2. Appointment of Mediator (Rule 2–3): Parties can mutually appoint a mediator. If they cannot agree, the Court may appoint one. A panel of mediators is maintained by the High Court and District Judge, consisting of retired judges, senior lawyers, experts, and trained professionals.

3. Qualifications & Disqualifications (Rule 4–5): Eligible mediators include retired judges, lawyers with at least ten years’ practice, or experts with 15 years’ standing. Persons with criminal charges, disciplinary proceedings, conflicts of interest, or who are connected to the dispute are disqualified.

4. Procedure (Rule 10–13): The mediator may conduct joint or separate sessions, fix a schedule, and seek written statements from parties. Personal attendance is expected, though representation by lawyers is permitted. Non-attendance may invite court directions.

5. Flexibility & Fairness (Rule 11, 16–17): Mediators are not bound by strict court procedure or evidence rules but must follow fairness and justice. Their role is to facilitate settlement, not impose decisions.

6. Time Limit (Rule 18): Mediation should conclude within 90 days, extendable by another 30 days with court approval.

7. Confidentiality & Privacy (Rule 20–21): Proceedings are strictly confidential. The mediator cannot disclose information shared in confidence, and no party can use statements, proposals, or admissions made during mediation in court or elsewhere. Sessions are private, with attendance limited to parties and permitted persons, and no recording or written statements are allowed. However, other people can join the session only if both parties agree and the mediator allows it.

8. Settlement Agreement (Rule 24–25): If a settlement is reached, it is written, signed by the parties, and submitted to the mediator/Conciliator, who then sends it with a signed cover letter to the court where the case is pending. The court records it and passes a decree. If no settlement, the mediator/Conciliator reports back to the court.

9. Costs & Fees (Rule 26): The mediator’s/Conciliator’s fee is usually fixed as a lump sum, and costs of mediation, including fees and expenses, are shared equally by the parties unless the court orders otherwise. Each party bears its own witness and document costs. Parties may be directed to deposit 40% of the estimated costs before mediation and the remaining 60% after completion. If any party fails to pay, the court can order payment and recover it as if it were a decree.

10. Ethics & Immunity (Rule 22, 27): Mediators/Conciliators are protected from liability for acts done in good faith. A mediator/Conciliator must follow the rules carefully, act with integrity, and stay fair and impartial. They should explain the process clearly to the parties, keep all information confidential, and avoid any conduct that shows bias or impropriety. The mediator must be qualified, disclose any conflict of interest, follow the law, and respect that the parties themselves decide the outcome. They should not make false promises or guarantees and must always maintain trust and confidentiality.

Key Takeaways

· The Rules make mediation a structured, recognized, and enforceable process in Delhi.

· Mediators are chosen from a qualified panel, ensuring competence and neutrality.

· The process is voluntary, confidential, and time-bound, promoting quick dispute resolution.

· Settlement agreements reached through mediation have legal force once recorded by the court.

· Ethical duties and protections ensure fairness and trust in the system.

Conclusion

The Delhi High Court Mediation and Conciliation Rules, 2004, provide a clear legal framework for alternative dispute resolution. By emphasizing confidentiality, neutrality, time efficiency, and enforceability of settlements, these Rules not only reduce the burden on courts but also encourage parties to resolve disputes amicably. 

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