Mediation and Conciliation Rules G.S.R. 877(E)

The Companies (Mediation and Conciliation) Rules, 2016

The panel of mediators and conciliators, qualifications and disqualifications, the procedure for appointment and for mediation, the role and duties of the mediator, the settlement agreement, and the fee and costs.

30 Rules

G.S.R. 877(E) Notification

442 Section

G.S.R. 877(E) Enacted 09 September 2016 Enforced 09 September 2016 Ministry of Corporate Affairs

Made under

The Companies Act, 2013 Chapter XXVIII

s. 442 s. 469

30 rules

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Opening text

Preamble

Chapter I

The Panel and Appointment

10 rules

R1 Short Title and Commencement

Rule 1 of the Mediation and Conciliation Rules: Short Title and Commencement

R2 Definitions

Rule 2 of the Mediation and Conciliation Rules: Definitions

R3 Panel of mediators or conciliators

Rule 3 of the Mediation and Conciliation Rules: Panel of mediators or conciliators

R4 Qualifications for empanelment

Rule 4 of the Mediation and Conciliation Rules: Qualifications for empanelment

R5 Disqualifications for empanelment

Rule 5 of the Mediation and Conciliation Rules: Disqualifications for empanelment

R6 Application for appointment of Mediator or Conciliator and his appointment

Rule 6 of the Mediation and Conciliation Rules: Application for appointment of Mediator or Conciliator and his appointment

R7 Deletion from the Panel

Rule 7 of the Mediation and Conciliation Rules: Deletion from the Panel

R8 Withdrawing name from Panel

Rule 8 of the Mediation and Conciliation Rules: Withdrawing name from Panel

R9 Duty of mediator or conciliator to disclose certain facts

Rule 9 of the Mediation and Conciliation Rules: Duty of mediator or conciliator to disclose certain facts

R10 Withdrawal of appointment

Rule 10 of the Mediation and Conciliation Rules: Withdrawal of appointment

Chapter II

Procedure for Mediation

10 rules

R11 Procedure for disposal of matters

Rule 11 of the Mediation and Conciliation Rules: Procedure for disposal of matters

R12 Mediator or Conciliator not bound by the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908

Rule 12 of the Mediation and Conciliation Rules: Mediator or Conciliator not bound by the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908

R13 Representation of parties

Rule 13 of the Mediation and Conciliation Rules: Representation of parties

R14 Consequences of non-attendance of parties at sessions or meetings on due dates

Rule 14 of the Mediation and Conciliation Rules: Consequences of non-attendance of parties at sessions or meetings on due dates

R15 Administrative assistance

Rule 15 of the Mediation and Conciliation Rules: Administrative assistance

R16 Offer of settlement by parties

Rule 16 of the Mediation and Conciliation Rules: Offer of settlement by parties

R17 Role of Mediator or Conciliator

Rule 17 of the Mediation and Conciliation Rules: Role of Mediator or Conciliator

R18 Parties alone responsible for taking decision

Rule 18 of the Mediation and Conciliation Rules: Parties alone responsible for taking decision

R19 Time limit for completion of mediation or conciliation

Rule 19 of the Mediation and Conciliation Rules: Time limit for completion of mediation or conciliation

R20 Parties to act in good faith

Rule 20 of the Mediation and Conciliation Rules: Parties to act in good faith

Chapter III

Settlement, Fees and Miscellaneous

10 rules

R21 Confidentiality, disclosure and inadmissibility of information

Rule 21 of the Mediation and Conciliation Rules: Confidentiality, disclosure and inadmissibility of information

R22 Privacy

Rule 22 of the Mediation and Conciliation Rules: Privacy

R23 Protection of action taken in good faith

Rule 23 of the Mediation and Conciliation Rules: Protection of action taken in good faith

R24 Communication between mediator or conciliator and the Central Government or the Tribunal or the Appellate Tribunal

Rule 24 of the Mediation and Conciliation Rules: Communication between mediator or conciliator and the Central Government or the Tribunal or the Appellate Tribunal

R25 Settlement agreement

Rule 25 of the Mediation and Conciliation Rules: Settlement agreement

R26 Fixing date for recording settlement and passing order

Rule 26 of the Mediation and Conciliation Rules: Fixing date for recording settlement and passing order

R27 Expenses of the mediation and conciliation

Rule 27 of the Mediation and Conciliation Rules: Expenses of the mediation and conciliation

R28 Ethics to be followed by the Mediator or Conciliator

Rule 28 of the Mediation and Conciliation Rules: Ethics to be followed by the Mediator or Conciliator

R29 Resort to arbitral or judicial proceedings

Rule 29 of the Mediation and Conciliation Rules: Resort to arbitral or judicial proceedings

R30 Matters not to be referred to the mediation or conciliation

Rule 30 of the Mediation and Conciliation Rules: Matters not to be referred to the mediation or conciliation

The Companies (Mediation and Conciliation) Rules, 2016

Preamble

The Panel and Appointment

Procedure for Mediation

Settlement, Fees and Miscellaneous

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