This refers to an agreement for resolving disputes through mediation / conciliation and can be any of the following:

2.1. Any of the parties may initiate mediation / conciliation through JustAct (the case could also be escalated to mediation / conciliation if the parties do not reach an agreement during negotiation). 

2.2. To initiate the process, the Party must submit the following:

3.1. Subject to applicable law, parties can be represented by any persons they choose.  

3.2. The parties will provide representative details to JustAct and the other Party through the JustAct portal.

To handle resolution on an end-to-end basis, JustAct will assign a Case Manager for the dispute. The Case Manager will provide all support for resolution including queries, scheduling, reminders and coordination.  

5.1. The Case Manager will assign a mediator / conciliator from its panel for resolving the dispute.

5.2. Prior to accepting to mediate / conciliate, the mediator / conciliator will make reasonable enquiries to establish if there is actual or potential conflict of interest and if so, disclose the same.  

5.3. In case there is a likely or actual conflict so disclosed, JustAct will communicate the same to the parties who can choose to waive the same, in which case the mediator / conciliator can be appointed failing which a new mediator / conciliator will be appointed.

6.1. After the appointment of mediator / conciliator, the Case Manager will work with the parties and the mediator / conciliator to schedule the introductory meeting.  

6.2. The parties and the mediator / conciliator may agree on a procedure to be followed in the conduct of the mediation / conciliation. Where no such procedure is agreed upon, the mediator / conciliator will conduct the sessions to the best of his judgement and ability with a view to facilitate a settlement of the dispute at hand.

6.3. The mediator / conciliator may take the help of the Case Manager for smooth and fair conduct of the proceedings.

7.1. The mediator / conciliator will assist a settlement of the dispute by facilitating a free and fair communication between parties and objectively identifying issues with a view to reduce misunderstandings. The mediator / conciliator will however not impose any solution or settlement on the parties.

7.2. The mediator / conciliator will engage with the parties separately as required and any information shared / views expressed by the Party will not be shared with the other Party without express consent of the Party sharing the information.

The parties agree to attend all sessions with the objective of reaching a meaningful settlement to the dispute and with adequate effort and preparation in this regard. 

JustAct will be responsible for 

Fees will be as per the Fee Schedule specified by JustAct as may be amended from time to time.

The mediator / conciliator will help the disputing parties reach a settlement to the dispute. When the mediator / conciliator finds possible elements of settlement, he may draft a settlement agreement, seek comments of the parties and reformulate the agreement basis the comments. Once the same is agreed upon, the settlement agreement is generated and signed off by the parties and authenticated by the mediator / conciliator.

12.1. The proceedings will terminate in any of the following cases:

12.2. The mediator / conciliator will keep the case manager informed in writing of termination of proceedings within 48 hours mentioning, inter alia, the date of termination, whether settlement was reached or not and if reached whether it was full or partial. Such an intimation will be copied to both parties as well.

12.3. JustAct will keep such intimation confidential and not share the existence of the same or its contents unless expressly agreed upon by both the parties. However, such information may be used to process any statistics or aggregate date so long as the identity of the disputants is not revealed.

12.4. If the mediation / conciliation is terminated, the case manager may suggest escalation to arbitration and if both parties agree, transfer the case for arbitration.

13.1. Confidential information disclosed during the mediation / conciliation shall not be divulged by any of the parties and their agents / the mediator(s) / conciliator(s) and JustAct and its employees, all of whom shall maintain confidentiality of all information obtained and records, reports, or other documents received / shared.  

13.2. All attendees shall maintain the confidentiality of the mediation / conciliation. 

13.3. The parties, mediators / conciliators and JustAct shall not rely on or introduce as evidence in arbitral, judicial or any other proceeding, the following, whether such proceedings relate to the dispute that is the subject of the mediation / conciliation:

14.1. Neither JustAct, its employees or any of the mediators / conciliators shall be liable to any of the 

parties due to any error / act of omission during the conduct of the mediation / conciliation. 

14.2. Unless required by law, JustAct or its agents / employees shall not be required to testify in any proceedings – judicial or otherwise – with respect to conduct of the mediation / conciliation under these rules

15.1. JustAct reserves the right to amend these rules from time to time. However, any case once registered will continue to be processed for Mediation/ Conciliation under the rules under which it was registered. 

15.2. The date, for this purpose will be reckoned to be the date when filing of the claim was done. 

15.3. In case of any disputes, the decision of JustAct will be binding in this regard.