Chapter IV MEDIATORS

1. (1) Unless otherwise agreed upon by the parties, a person of any nationality may be appointed as a mediator: Provided that mediator of any foreign nationality shall possess such qualification, experience and accreditation as may be specified.
2. (2) The parties shall be free to agree upon the name of mediator and the procedure for their appointment.
3. (3) If the parties do not reach any agreement on a matter referred to in sub-section (2), then the party seeking initiation of mediation shall make an application to a mediation service provider for the appointment of a mediator.
4. (4) Upon receiving an application under sub-section (3), the mediation service provider shall, within a period of seven days, appoint, --
   • (i) the mediator as agreed by the parties; or
   • (ii) in case the parties are unable to reach agreement as to the appointment of mediator or mediator agreed by them refuses to act as mediator, a mediator from the panel maintained by it, with his consent.
5. (5) The person appointed under clause (i) of sub-section (4) shall communicate his willingness or otherwise within a period of seven days from the date of receipt of communication of such appointment.

The mediation service provider shall, while appointing any person from the panel of mediators maintained by it, consider his suitability and the preference of the parties for resolving the dispute.

1. (1) The person appointed as a mediator shall, prior to the conduct of mediation, disclose in writing to the parties regarding any circumstance or potential circumstance, personal, professional, financial, or otherwise, that may constitute any conflict of interest or that is likely to give rise to justifiable doubts as to his independence or impartiality as a mediator.
2. (2) During the mediation, the mediator shall, without delay, disclose to the parties in writing any conflict of interest, referred to in sub-section (1), that has newly arisen or has come to his knowledge.
3. (3) Upon disclosure under sub-section (1) or sub-section (2), the parties shall have the option to waive any objection if all of them express in writing, which shall be construed as the consent of parties.
4. (4) Upon disclosure under sub-section (1) or sub-section (2), if either party desires to replace the mediator, then, in case of--
   • (i) institutional mediation, such party shall apply to the mediation service provider for termination of the mandate of mediator;
   • (ii) mediation other than institutional mediation, such party shall terminate the mandate of mediator.

A mediation service provider may terminate the mandate of a mediator upon--

1. (i) the receipt of application from a party under clause (i) of sub-section (4) of section 10; or
2. (ii) the receipt of information about the mediator being involved in a matter of conflict of interest from participants or any other person; or
3. (iii) his withdrawal from mediation for any reason: Provided that termination under clause (ii) shall be effected if, after giving a hearing to the mediator, mediation service provider finds that there is justifiable doubt as to the independence or impartiality of the mediator and that the same has been brought to the notice of parties and that either party desires to replace the mediator.

Upon termination of the mandate of mediator--

1. (i) in case of mediation other than institutional mediation under clause (ii) of sub-section (4) of section 10, the parties may, appoint another mediator within a period of seven days from such termination; and
2. (ii) under section 11, the mediation service provider shall appoint another mediator from the panel maintained by it within a period of seven days from such termination.