JUSTICE REMEDEM RULES
Parties can under a pre-existing contract containing a Justice Remedem Dispute Resolution Clause or through a joint application by accepting the Justice Remedem Terms and Conditions, approach Justice Remedem to commence a case mediation/conciliation/arbitration process. Dispute resolution proceedings under the Justice Remedem Rules shall commence when all Parties to the case accept the Justice Remedem Terms and Conditions.
2. Member Assigned
Within 24 hours of the reference of a dispute to Justice Remedem by one of the Parties to the dispute, Justice Remedem shall send the mediation/conciliation/arbitration Notification, which lists out the details of the member and then we schedule a Call to offer a brief overview of the process, how to use the Justice Remedem platform and answer any preliminary queries that the parties may have.
The member will inform the parties of important dates relating to the submission of the conciliators brief, the appointment of the Mediator/Conciliator/Arbitrator and shall assist the parties in arriving at a first date to commence the mediation/conciliation/arbitration process. The member shall also provide the duly signed conflict of interest agreement by the Mediator/Conciliator/Arbitrator appointed.
3.Appointment of Neutrals
There shall be one Mediator/Conciliator/Arbitrator appointed by Justice Remedem, unless (i) the Mediator/Conciliator/Arbitrator appointed requests a co-Neutral based on a perusal of the case or (ii) owing to the complexity of the case Justice Remedem is of the opinion that a co-Neutral is necessary.
4. Submission of Neutrals Breif
A Mediators/Conciliators/Arbitrators brief is a written statement describing the general nature of the dispute and the points at issue in the case. A Mediators/Conciliators/Arbitrators brief shall not be more than 4 pages (including any footnotes and endnotes).
5. Role of a Neutral
The Mediator/Conciliator shall assist the Parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute and In case of Arbitration an Award is passed by the Arbitrator.
The Mediator/Conciliator/Arbitrator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the Parties.
The Mediator/Conciliator/Arbitrator may conduct the proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a Party that the Mediator/Conciliator/Arbitrator hears oral statements and the need for a speedy settlement of the dispute.
The Mediator/Conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefore.
No recording of any kind shall be made of any meetings of the parties with the Mediator/Conciliator/Arbitrator.
Each person involved in the conciliation, including, in particular, the Mediator/Conciliator/Arbitrator the parties and their representatives and advisors, any independent experts and any other persons present during the meetings of the parties with the Mediator/Conciliator/Arbitrator, shall respect the confidentiality of the mediation/conciliation/arbitration and may not unless otherwise agreed by the parties and the Mediator/Conciliator/Arbitrator, use or disclose to any outside party any information concerning, or obtained in the course of the mediation/conciliation/arbitration.
7. Evidence and Admissibility
The Parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the mediation/conciliation/arbitration proceedings, views expressed or suggestions made by a Party in respect of a possible settlement of the dispute; admissions made by a Party in the course of the mediation/conciliation/arbitration proceedings; proposals made by the Mediator/Conciliator/Arbitrator; and the fact that the other party had indicated his willingness to accept a proposal for settlement made by the Mediator/Conciliator/Arbitrator.
The Mediator/Conciliator/Arbitrator shall not be presented by the parties as a witness in any arbitral or judicial proceedings.
8. Disclosure of Information
When the Mediator/Conciliator/Arbitrator receives factual information concerning the dispute from a Party, he shall disclose the substance of that information to the other Parties in order that the other party may have the opportunity to present any explanation which he considers appropriate:
9. Settlement Agreement and Award
When the Parties reach and sign the settlement agreement, it shall be final and binding on the Parties in the manner of a valid binding contract.
The Mediator/Conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the Parties.
The settlement agreement shall have the same status and effect as if it is an arbitral award on agreed terms on the substance of the dispute rendered by an arbitrator under section 30 of the Arbitration and Conciliation Act, 1996.
10. Appointment of Experts
During the conciliation processes, the conciliator and/or the parties are free to call upon any experts with technical or area specific knowledge. Any costs of appointing experts shall be borne equally by both parties or by the party appointing such an expert.
The Parties must pay Justice Remedem the relevant fees as informed and detailed before commencement.
Parties are jointly and severally liable for the fees and expenses of the mediation/conciliation/arbitration, together with any additional costs howsoever incurred by Justice Remedem in recovering any overdue monies, on a full indemnity basis.
Costs shall be borne equally by all parties unless the settlement agreement or a pre-existing arrangement informed to the CM prior to the commencement of the mediation/conciliation/arbitration agreement states otherwise.