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What is the procedure for pre-institution mediation?

Posted by jobseeker Vipra | Approved
Answers (1)

Under Rule 3 of Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 the procedure is given which is as follows in clauses:
1. Application made by party to dispute to Legal Services Authority in specified form.
2. Legal Services Authority, then issue notice to opposite party for consent for mediation process. And opposite party has to appear within ten days.
3. In case of no response, final notice will be given to the opposite party.
4. Still no response, the. LSA treats the process as non-starter.
5. If party after receiving notice under sub rule (2) or (3) seeks further time. LSA may fix an alternate date.
6. If again fail to appear under sub rule (5), it will be treated as non starter.
7. If both the parties gave the consent fro mediation process, then LSA will assigns the dispute to a mediator.
8. Mediation process must be completed within the period of 3 months.

Answered by jobseeker Komal Madaan | Approved

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