Stating that the courts cannot reduce the time period fixed for mediation process, the High Court of Karnataka has also held that there is no need for the courts to take consent of either the litigants or their advocates to refer the disputes for mediation for amicable settlement.
Also, the High Court has held that “any court, exercising power under Section 89 of the Code of Civil Procedure would have to invariably rather mandatorily refer all the matters for mediation, except those excluded as per the apex court’s 2010 judgment in the case of Afcons Infrastructure vs. Cherian Varkey Construction Co.”
Justice Suraj Govindaraj passed the order while disposing of a petition filed by Amalapooh Mary and others questioning a Bengaluru city civil court’s order of refusing to extend the time for mediation and giving less that 60 days for initial mediation contrary to the provisions the Karnataka Civil Procedure (Mediation) Rules, 2005.
In the event of any of the parties not presenting themselves for mediation as per court’s reference, the courts could exercise powers under Rule 13 of the Mediation Rules, 2005, and impose such costs as it may deem fit to compel the attendance of the parties before the mediator appointed by the respective mediation centres, the High Court said.
While fixing the time for mediation, the High Court said all the courts would have to fix the time period from the date of first appearance of the parties before the mediator, giving a clear 60 days time for mediation.
The time taken for administrative purposes such as transfer of file from the respective courts to mediation centre, for appointing a mediator and for communicating information on appointment of mediator, etc., has to be excluded from the 60 days period, the High Court said.
In case of extension of period for completion of mediation based on the report of the mediator or on the request made by the parties or court itself is of such opinion, the courts should refer the matter back to the mediator giving additional 30 days, excluding days required for additional formalities, as per the Rules for competing the mediation to achieve settlement of the dispute.
