(a)    Procedure of Mediation (Section 89A):  Section 89A states the provisions where The Judge or Madiator or parties themselves can mediate a dispute according to the rules describes below:

(1)             Except in a suit under the Artha Rin Adalat Ain,2003, after filling of written statement, if all the contesting parties are in attendance in the court in person or by their respective pleaders, the court may by adjourning the hearing, mediate in order to settle the dispute or disputes in the suit or refer the dispute or disputes to the engaged pleaders of the parties or the party or parties where no pleader or pleaders have been engaged or to a mediator from the panel as may be prepared by the District Judge under sub-section (10) for undertaking efforts for settlement through mediation.

(2)             When the reference under sub-section (1) is made through the pleaders, the pleaders shall, by their mutual agreement in consultation with their respective clients, appoint another pleader, not engaged by the parties in the suit, or a retired judge, or a mediator from the panel as may be prepared by the District Judge under sub-section (10), or any other person whom they may seem to be suitable, to act as a mediator for settlement.

Provided further that, a person holding an office of profit in the service of the Republic shall not be eligible for appointment as mediator.

(3)             While referring a dispute or disputes in the suit for mediation under sub-section (1), it shall be for the pleaders, their respective clients and the mediator to mutually agree on and determine the fees and the procedure to be followed for the purpose of settlement through mediation. When the Court shall mediate, it shall determine the procedure to be followed and shall not charge any fee for mediation.

Provided that if the pleaders, their respective clients and the mediator fail to determine the fees, the Court shall fix the fees and the fees so fixed shall be binding upon the parties.

(4) Within ten days from the date of reference under sub-section (1), the parties shall inform the Court in writing whom they have appointed as mediator. If the parties fail to appoint the mediator during this time, the Court shall within 7 days appoint a mediator from the panel as mentioned in sub-section (10) and the mediation under this section shall be concluded within 60 days from the day on which the Court is so informed unless the Court of its own motion or upon a joint prayer of the parties extends the time for a further period of not exceeding 30 days.

(5) The mediator shall without violating the confidentiality of the parties to the mediation proceedings submit to the court a report of result of the mediation proceedings. If the result is of compromise of the dispute or disputes in the suit, the terms of such compromise shall be reduced into writing in the form of an agreement, bearing signatures or left thumb impressions of the parties as executants, and signatures of the pleaders, and the mediator as witnesses.  The Court shall within 7 days from receiving the said report, pass an order or a decree in accordance with relevant provisions of Order XXIII of the Code.

(6) When the Court itself mediates, it shall prepare a report and pass an order in the manner to that as stated in sub-section (5).

(7) When the mediation fails to produce any compromise, the Court shall, subject to the provision of sub-section (9), proceed with hearing of the suit from the stage at which the suit stood before the decision.

(8) The proceedings of mediation under this section shall be confidential and any communication made, evidence adduced, admission, statement or comment made and conversation held between the parties, their pleaders, representatives and the mediator shall be deemed privileged and shall not be referred to and admissible in evidence in any subsequent hearing of the same suit or any other proceeding.

(9) When a mediation initiative led by the Court itself fails to resolve the dispute or disputes in the suit, the same court shall not hear the suit, if the Court continues to be presided by the same judge who led the mediation initiative; and in that instance, the suit shall be heard by another court of competent jurisdiction.

(10) For the purposes of this section, the District Judge shall in consultation with the President of the District Bar Association, prepare a panel of mediators to be updated from time to time consisting of pleaders, retired judges, persons known to be trained in the art of dispute resolution, and such other person or persons, except persons holding office of profit in the service of the Republic, as may be deemed appropriate for the purpose, and shall inform all the Civil Courts under his administrative jurisdiction about the panel.

Provided that, a mediator under this sub-section, shall not act as a mediator between the parties, if he had ever been engaged by either of the parties as a pleader in any suit in any Court.

(11) Where a dispute or disputes in a suit are settled on compromise under this section, the Court shall issue a certificate directing refund of the court fees paid by the parties in respect of the plaint or written statement and the parties shall be entitled to such refund within 60 days of the issuance of the certificate.

(12) No appeal or revision shall lie against any order or decree passed by the Court in pursuance of settlement between the parties under this section.