-
Notifications
You must be signed in to change notification settings - Fork 0
Expand file tree
/
Copy pathindex.php
More file actions
955 lines (684 loc) · 60.1 KB
/
index.php
File metadata and controls
955 lines (684 loc) · 60.1 KB
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
<!DOCTYPE HTML>
<html>
<head>
<meta charset = "utf-8" />
<meta name="viewport" content="width=device-width, initial-scale=1">
<!-- Latest compiled and minified CSS -->
<link rel="stylesheet" href="https://maxcdn.bootstrapcdn.com/bootstrap/3.3.6/css/bootstrap.min.css" integrity="sha384-1q8mTJOASx8j1Au+a5WDVnPi2lkFfwwEAa8hDDdjZlpLegxhjVME1fgjWPGmkzs7" crossorigin="anonymous">
<!-- Optional theme -->
<link href='https://fonts.googleapis.com/css?family=Oswald' rel='stylesheet' type='text/css'>
<link rel="stylesheet" href="https://maxcdn.bootstrapcdn.com/bootstrap/3.3.6/css/bootstrap-theme.min.css" integrity="sha384-fLW2N01lMqjakBkx3l/M9EahuwpSfeNvV63J5ezn3uZzapT0u7EYsXMjQV+0En5r" crossorigin="anonymous">
<link rel="stylesheet" type="text/css" href="main.css">
<title>
Foundation for Comprehensive Dispute Resolution
</title>
</head>
<body>
<!-- Code Area Starts -->
<!-- Navbar Code -->
<nav class="navbar navbar-default navbar-fixed-top sec1navbarCustom">
<div class="container-fluid sec1whiteClass">
<div class = "container">
<ul class = "nav navbar-nav navbar-left sec1imageNav">
<li>
<a href="#home">
<img src="logoPlainBack.png" class = "sec1navbarLogo"/>
</a>
</li>
</ul>
<div class="navbar-header">
<button type="button" class="navbar-toggle sec1collapser" data-toggle="collapse" data-target="#myNavbar">
<span class="icon-bar"></span>
<span class="icon-bar"></span>
<span class="icon-bar"></span>
</button>
</div>
<div class = "collapse navbar-collapse" id = "myNavbar">
<ul class = "nav navbar-nav navbar-right sec1navigation" >
<li>
<a href="#about" >
About Us
</a>
</li>
<li>
<a href="#vision" >
Vision
</a>
</li>
<li>
<a href="#panel" >
Panel Of Mediators
</a>
</li>
<li>
<a href="#rules" >
Rules of Mediation
</a>
</li>
<li>
<a href="#faq" >
FAQ's
</a>
</li>
<li>
<a href="#contact" >
Contact Us
</a>
</li>
</ul>
</div>
</div>
</div>
</nav>
<!-- Home Page Section -->
<div class = "container-fluid sec2homePage" >
<div class = "row">
<div class = "col-xs-12 " id = "home">
<img src="frontPage.png" class = "img-responsive sec2mainPhoto" />
</div>
</div>
</div>
<!-- The About Us and Vision section -->
<div class = "container-fluid ">
<div class = "row">
<div class = "col-xs-12 col-lg-6 colorscheme1 pads " id = "about">
<h3 class = "headings">
-About Us-
</h3>
<p class = "sec2text sec2textextra">
FCDR is an endeavour to promote mediation as a dispute resolution mechanism, with the vision of empowering parties to take on the responsibility of resolving their disputes. We believe that a substantial number and variety of cases can be settled by parties, through discussions in understanding why the dispute arose, conveying and listening to each other’s perspectives to the disagreement and looking at convergence of interests where the dispute can be resolved. Workplace disputes, family and matrimonial disputes, shareholder disputes, employment disputes, association disputes, etc. are all amenable to resolution through mediation.
</p>
</div>
<div class = "col-xs-12 col-lg-6 colorscheme1 pads" id = "vision">
<h3 class = "headings">
Vision & Mission
</h3>
<h4 class = "headings">
To Reach | To Listen | To Resolve
</h4>
<p class = "sec3text"> We believe it is a mark of an evolved society when people are empowered and able to resolve their own problems and are responsible for their own decisions. In the context of an evolving society, our mission at FCDR is: <br> » To mainstream mediation as the method of dispute resolution and enable a litigation free resolution of disputes. <br> » To help parties to determine solutions to their issues. <br> » To include relationships and emotions in the settlement process and the resolution. <br> » To broaden the role of lawyers as problem solvers. </p>
</div>
</div>
</div>
<!-- The Panel of Mediators Section-->
<div class = "container-fluid pads" id = "panel">
<div class = "container">
<h3 class = "headingStyle2">
Panel of Mediators
</h3>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<blockquote>
<img src="m1.jpg" class="sec4people sec4people-left img-circle" />
<button class = "btn sec4readabout" data-toggle="collapse" data-target = "#p1">
Read about Pushya Sitaraman
</button>
<p class = "sec4description collapse" id ="p1" >
Pushya Sitaraman, graduated from Stella Maris College, and thereafter took her law degree from Madras Law College. She hails from a family of lawyers, She is a designated Senior Advocate of the Madras High Court. She has been practising as an advocate for over 30 years, specialising largely in the field of taxation and corporate laws. <br> Pushya underwent mediation training with Geetha Ravindra of the Virginia Supreme Court and further advanced training with her. Also underwent basic, advanced and trainers’ training with the ADR Group of UK. She has been actively mediating disputes referred by the Madras High Court with the Tamilnadu Mediation and Conciliation Centre, attached to the Madras High Court for nearly ten years.
</p>
</blockquote>
</div>
<div class = "col-xs-12 col-lg-6">
<blockquote class = "blockquote-reverse">
<img src="m2.jpg" class = "sec4people sec4people-right img-circle"/>
<button class = "btn sec4readabout" data-toggle="collapse" data-target = "#p2">
Read about Uma Ramanathan
</button>
<p class = "sec4description collapse" id = "p2">
Uma Ramanathan enrolled in the Bar on 15.3.1980 and since then practiced on the Civil, writ, matrimonial jurisdictions in the High Court and other courts in Chennai and in Debt Recovery Tribunal and Consumer Courts till 2009 March. <br>Uma was trained as a mediator by Geetha Ravindra, Trainer from Virginia, USA in 2006 and later as a trainer also in 2007. She was certified by JAMS as a commercial mediator in September 2013. She has trained advocates as mediators in many parts of India in the programmes organised by the Mediation and Conciliation Project Committee, Supreme Court of India, and orientation programmes on mediation in the National Judicial Academy and in the Judicial Academy Tamil Nadu for referral judges. <br>Uma has been the Organising Secretary of the Tamilnadu Mediation and Conciliation Centre, High Court Madras since 2010. She is a member of the panel of mediators and Judges who drafted the Mediation Training Manual of India as an initiative of the Mediation and conciliation Project Committee, Supreme Court of India.
</p>
</blockquote>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<blockquote>
<img src="m3.jpg" class = "sec4people sec4people-left img-circle"/>
<button class = "btn sec4readabout" data-toggle="collapse" data-target = "#p3">
Read about R Vijaykrishnan
</button>
<p class = "sec4description collapse" id = "p3">
R Vijayakrishnan graduated from Loyola College, Chennai and subsequently obtained his law degree from the University of Madras (The Madras Law College). Enrolled as an Advocate in 1969, after a brief stint at the Bar first in the office of King and Partridge, Solicitors and Advocates, Chennai and later in the office of Mr.S.Swaminathan, a leading lawyer, he joined the Export Credit Guarantee Corporation of India Ltd (E.C.G.C) and worked for over twenty years in different capacities and held senior positions till 1993.Thereafter he resumed his legal practice and has been focussing on legal consultancy relating to international trade, international trade finance, export credit insurance and allied subjects. His present focus includes Mediation and Arbitration. He has undergone extensive training in Mediation and is an Accredited Mediator with the Tamilnadu Mediation and Conciliation Centre, Madras High Court, Chennai and the ADR Group, U.K. Since 2005 he has mediated in different kinds of disputes relating to civil, commercial and matrimonial causes
</p>
</blockquote>
</div>
<div class = "col-xs-12 col-lg-6">
<blockquote class = "blockquote-reverse">
<img src="m4.jpg" class = "sec4people sec4people-right img-circle"/>
<button class = "btn sec4readabout" data-toggle="collapse" data-target = "#p4">
Read about A J Jawad
</button>
<p class = "sec4description collapse" id = "p4">
Graduated in law from the Government Ambedkar Law College, Chennai in 1987 and enrolled as advocate on 23-03-1988. Started practice under Mr. Justice Karpagavinayagam, former Chief Justice of Jharkand High Court, on the criminal side. After two years of practice on the criminal side, switched to the civil side. Joined the office of Late Mr. V.D. Mirasee, a senior lawyer from Mumbai, and traveled with him to Delhi, Mumbai, Bangalore and Hyderabad and also Chennai, assisting him in several important cases. From 1996 started own office. Underwent mediation training with Geetha Ravindra of the Virginia Supreme Court and further advanced training with her followed by Trainers’ Training in court-sponsored training programs. Also underwent basic, advanced and trainers’ training with the ADR Group of UK. <br>Also an accredited mediator and trainer with the ADR Group of UK. Working as mediator on the panel of the Tamil Nadu Mediation Centre and now one of the joint secretaries of the Tamil Nadu Mediation Centre. Worked as the coordinator for the Family Court Mediation Centre. Handled several sensitive mediation cases referred by the High Court of Madras as well as the Family Court. Conducted mediation training programs in the district courts of Tamil Nadu under the aegis of the Tamil Nadu Mediation and Conciliation Centre. Conducted mediation training programs for lawyers and judges in different States of India under the aegis of the National Mediation and Conciliation Plan of the Hon’ble Supreme Court including Ranchi in Jharkand, Lucknow in UP, Agartala in Tripura, Ernakulam, Alleppey, Mavalikara and Wyanad in Kerala, Auranagabad in Maharashtra and Chandigarh. Conducted a workplace conflict resolution training program for the World Bank at their office in Chennai. Conducted workshops in ADR in the National Judicial Academy and the Tamil Nadu Judicial Academy and have been a visiting faculty with the National Academy for Direct Taxes at Nagpur.
</p>
</blockquote>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<blockquote>
<img src="m5.jpg" class = "sec4people sec4people-left img-circle"/>
<button class = "btn sec4readabout" data-toggle="collapse" data-target = "#p5">
Read about Chitra Narayan
</button>
<p class = "sec4description collapse" id = "p5">
Chitra Narayan is an alumnus of the National Law School of India University, Bangalore and holds a Master’s degree in Law and Development from the University of Warwick, U.K. which she attended as a Chevening Scholar. She has been in practice for more than 19 years. <br> Chitra started her practice in dispute resolution, focusing on corporate commercial law. She has since the last 14 years, also advised on corporate commercial transactions, covering mergers and acquisitions, investments, joint ventures, public offerings, corporate restructuring, inbound and outbound investments, general corporate law and regulatory compliances. Chitra was trained as a mediator in 2003, and has been mediating commercial and non-commercial disputes since 2005. Chitra is a certified mediator with the Tamil Nadu Mediation and Conciliation Centre attached to the Madras High Court. She is also a certified mediator with the ADR Group, UK.
</p>
</blockquote>
</div>
</div>
</div>
</div>
<!-- The Rules Section-->
<div class = "container-fluid pads colorscheme2 sec5rulesCustom" id = "rules">
<h3 class = "headingStyle2">
Rules of Mediation
</h3>
<button class = "btn sec5btnSpecial" data-toggle="collapse" data-target = "#rulesSection">
Read all the Rules of Mediation
</button>
<div class="container collapse" id = "rulesSection">
<div class = "row" >
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#one">
1. Mediation/ Conciliation
</button>
<div id="one" class="collapse sec5text">
Mediation/ Conciliation is an informal procedure in which a neutral person, the Mediator/Conciliator, assists the parties in reaching a settlement of the dispute.
</div>
</div>
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type = "button" class = "btn sec5btnCustom" data-toggle = "collapse" data-target = "#two">
2. Mediation Agreement
</button>
<div id = "two" class = "collapse sec5text">
2.1
A Mediation Agreement is an agreement to seek resolution of disputes or issues through mediation or conciliation. The Mediation Agreement could be under a pre-existing agreement providing for resolution of existing or future disputes through mediation or conciliation, or by means of consensus or agreement between the parties for mediation / conciliation of disputes that have arisen between or amongst them. <br><br>
2.2
Where both or all parties agree to mediation or conciliation being conducted by FCDR, they shall be deemed to have made these rules, as amended and in effect as of the date of the submission of the dispute, a part of their agreement.
</div>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#three">
3. Initiation of Mediation/ Conciliation
</button>
<div id="three" class="collapse sec5text">
3.1
Parties to a dispute may start Mediation/Conciliation by filing a written request for Mediation/Conciliation to the FCDR together with the registration fee in accordance with the Schedule of Fees of the FCDR. In the absence of a Mediation Agreement, one party may request FCDR to invite the other party or parties to join in a submission to Mediation/Conciliation. <br> <br>
3.2
Upon receipt of such a request and the registration fee in accordance with the Schedule of Fees of the FCDR, FCDR will contact the other party (ies) involved in the dispute and seek their consent to the submission of the disputes to Mediation/Conciliation. When the other party(ies) agree to the submission of the disputes to Mediation/Conciliation, the Mediation/Conciliation of the disputes between the parties will be undertaken by the FCDR in accordance with these Rules. <br> <br>
3.3
The registration fee shall not be refundable. <br> <br>
3.4
No action will be taken by the FCDR on a Request for Mediation/Conciliation until the registration fee has been paid.
</div>
</div>
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#four">
4. Request for Mediation/ Conciliation
</button>
<div id="four" class="collapse sec5text">
The request for Mediation/Conciliation will include two copies of:
i
A short statement on the nature of the dispute; and <br> <br>
ii
The names, addresses, (email addresses, where available) and telephone numbers of all parties to the dispute, including similar details of any representative in the Mediation/Conciliation.
</div>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#five">
5.Appointment of Mediator/ Conciliator
</button>
<div id="five" class="collapse sec5text">
Upon receipt of a request for Mediation/Conciliation, the FCDR will appoint a qualified Mediator/Conciliator or a panel of two mediators/conciliators from its panel of mediators as Mediator/Conciliator for the dispute.
</div>
</div>
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#six">
6. The Mediator/ Conciliator
</button>
<div id="six" class="collapse sec5text">
6.1
The Mediator/Conciliator appointed by FCDR for the dispute: <br>
(i) Will be neutral, impartial and independent; <br>
(ii) Will not have any financial or personal interest in the result of the Mediation/Conciliation <br>
(iii) Will disclose as soon as practicable, all actual and potential conflicts of interest that are reasonably known to the Mediator/Conciliator and could reasonably be seen as raising a question about the Mediator/Conciliator’s impartiality. After disclosure, if all parties agree, the Mediator/Conciliator may proceed with the Mediation/Conciliation. <br> <br>
6.2
If a Mediator/Conciliator learns of any fact after accepting a Mediation/Conciliation that raises a question with respect to that Mediator/Conciliator’s service creating a potential or actual conflict of interest, the Mediator/Conciliator shall disclose it as quickly as practicable. After disclosure, if all parties agree, the Mediator/Conciliator may proceed with the Mediation/Conciliation.
</div>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#seven">
7. Role of Mediator/ Conciliator
</button>
<div id="seven" class="collapse sec5text">
7.1
The Mediator/Conciliator shall attempt to facilitate voluntary resolution of the dispute(s) by the parties, and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to solve the dispute(s), emphasizing that it is the responsibility of the parties to take the decisions that affect them. <br> <br>
7.2
The Mediator/Conciliator does not have the authority to impose a settlement on the parties but will attempt to help them reach a satisfactory resolution of their dispute. The Mediator/Conciliator, if authorized by all the parties, may make oral and written recommendations for settlement. Whenever necessary, the Mediator/Conciliator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advice. Arrangements for obtaining such advice shall be made by the Mediator/Conciliator or the parties, as the Mediator/Conciliator shall determine. <br> <br>
7.3
The Mediator/Conciliator shall be free to meet and to communicate separately with a party on the clear understanding that information given at such meetings and in such communications shall not be disclosed to the other party without the express authorization of the party giving the information. <br> <br>
7.4
The Mediator/Conciliator is authorized to end the Mediation/Conciliation whenever, in the judgment of the Mediator/Conciliator, further efforts at Mediation/Conciliation would not contribute to a resolution of the dispute between the parties. <br> <br>
7.5
Where the Mediator/Conciliator believes that any issues in dispute between the parties are not susceptible to resolution through Mediation/Conciliation, the Mediator/Conciliator may propose, for the consideration of the parties, procedures or means for resolving those issues which the Mediator/Conciliator considers are most likely, having regard to the circumstances of the dispute and any business relationship between the parties, to lead to the most efficient, least costly and most productive settlement of those issues. <br> <br>
7.6
Unless required by a court of law or authorized in writing by the parties, the Mediator/Conciliator shall not act in any capacity whatsoever, otherwise than as a Mediator/Conciliator, in any pending or future proceedings, whether judicial, arbitral or otherwise, relating to the subject matter of the dispute. <br> <br>
</div>
</div>
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#eight">
8. The Mediation/ Conciliation Process <br> and Authority of the Mediator/ Conciliator
</button>
<div id="eight" class="collapse sec5text">
8.1
Upon appointment, the Mediator/Conciliator shall fix, in consultation with the parties, a time schedule, with the dates and the time of each mediation/conciliation session, where all parties have to be present. <br> <br>
8.2
The Mediator/Conciliator may conduct joint or separate meetings with the parties. <br> <br>
8.3
The Mediation/Conciliation sessions are private. The parties and their representatives may attend Mediation/Conciliation sessions. Other persons may attend only with the permission of the parties and with the consent of the Mediator/Conciliator. <br> <br>
8.4
Each party shall furnish to the Mediator/Conciliator such other Information as may be required by the Mediator/Conciliator in connection with the issues to be resolved. <br> <br>
8.5
The Mediator/Conciliator shall fix the date and the time of each Mediation/Conciliation session. The Mediation/Conciliation shall be held at the office of the FCDR, or at any other convenient location agreeable to the Mediator/Conciliator and the parties, as the Mediator/Conciliator shall determine. <br> <br>
8.6
Each party shall cooperate in good faith with the Mediator/Conciliator to advance the Mediation/Conciliation as expeditiously as possible. <br> <br>
8.7
Any party may at any time submit to the Mediator/Conciliator, for consideration by the Mediator/Conciliator only, written information or materials which it considers to be confidential. The Mediator/Conciliator shall not, without the written authorization of that party, disclose such information or materials to the other party. <br> <br>
8.8
The parties agree that any statements or comments, whether written or oral, made or used by them or their representatives in preparation for or in the course of the Mediation/Conciliation shall not be relied upon to maintain any action for defamation, libel, slander or any related complaint, and this Rule may be relied upon as a bar to any such action. <br> <br>
</div>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#nine">
9. Confidentiality
</button>
<div id="nine" class="collapse sec5text">
9.1
Each person participating in the Mediation/Conciliation, including, in particular, the Mediator/Conciliator, 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, shall respect the confidentiality of the Mediation/Conciliation shall sign an appropriate confidentiality undertakings prior to taking part in the Mediation/Conciliation. <br> <br>
9.2
The parties shall maintain the confidentiality of the Mediation/Conciliation and shall not rely on, or introduce as evidence in any arbitral, judicial, or other proceeding: <br>
a. views expressed or suggestions made by another party with respect to a possible settlement of the dispute; <br>
b. admissions made by another party in the course of the Mediation/Conciliation proceedings; <br>
c. proposals made or views expressed by the Mediator/Conciliator; or <br>
d. the fact that another party had or had not indicated willingness to accept a proposal for settlement made by the Mediator/Conciliator. <br> <br>
9.3
Confidential information disclosed to a Mediator/Conciliator by the parties or by witnesses in the course of the Mediation/Conciliation shall not be divulged by the Mediator/Conciliator. All records, reports, or other documents received by a Mediator/Conciliator while serving in that capacity shall be confidential. The Mediator/Conciliator shall not be compelled to divulge such records or to testify in regard to the Mediation/Conciliation in any adversarial proceeding or judicial forum. <br> <br>
9.4
No recording of any kind, including any stenographic recording of the discussions, shall be made of any meetings of the parties with the Mediator/Conciliator. <br> <br>
9.5
Each person involved in the Mediation/Conciliation shall, on the termination of the Mediation/Conciliation, return, to the party providing it, any brief, document or other materials supplied by a party, without retaining any copy thereof. <br> <br>
</div>
</div>
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#ten">
10. Communication with the Mediator/<br> Conciliator
</button>
<div id="ten" class="collapse sec5text">
If any communication between the Mediator/Conciliator and a party is necessary, it shall be in writing and copies of the same shall be given to the other parties or their constituted attorney or the counsel.
</div>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#eleven">
11. Vacancies
</button>
<div id="eleven" class="collapse sec5text">
If a Mediator/Conciliator is or becomes unwilling or unable to serve, the FCDR will appoint another Mediator/Conciliator unless the parties agree differently.
</div>
</div>
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#twelve">
12. Representation
</button>
<div id="twelve" class="collapse sec5text">
Any party may be represented or assisted in their meetings with the Mediator/Conciliator by persons of the party's choice. The names and addresses of such persons shall be communicated in writing to all parties and to the FCDR.
</div>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#thirteen">
13. Mediation agreement
</button>
<div id="thirteen" class="collapse sec5text">
Where an agreement is reached between the parties in regard to all or some of the issues forming the subject of the Mediation/Conciliation, the same shall be reduced to writing and signed by the parties or their constituted attorney and the Mediator/Conciliator. If any counsel has represented the parties, the Mediator/Conciliator may obtain his signature also on the settlement agreement.
</div>
</div>
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#fourteen">
14. Fee of Mediator/ Conciliator and costs
</button>
<div id="fourteen" class="collapse sec5text">
14.1
The fee of the Mediator/Conciliator shall be in terms of the Schedule of fees of the FCDR. The fee of the Mediator/Conciliator, and any expenses of the mediation/conciliation, shall be borne equally by the parties. <br> <br>
14.2
Before the commencement of the mediation/conciliation, the parties will be required to deposit in equal part the fees for the first two Mediation/ Conciliation session, including any expenses or costs expected to be incurred for the session. Fees for subsequent sessions shall be remitted in equal parts by the parties before the commencement of each subsequent session. <br> <br>
14.3
Notwithstanding Rule 14.2, the FCDR may, at the time of the appointment of the Mediator/Conciliator, require each party to deposit an equal amount as an advance for the costs of the Mediation/Conciliation, including, in particular, the estimated fees of the Mediator/Conciliator and the other expenses of the Mediation/Conciliation. The amount of the deposit shall be determined by FCDR. <br> <br>
14.4
If a party fails, within 15 days after a second reminder in writing from the FCDR, to pay the fees for any session, it shall be deemed to have withdrawn its request for Mediation/Conciliation. <br> <br>
14.5
After the termination of the Mediation/Conciliation, the FCDR will render an accounting to the parties of any deposits made and return any unexpended balance to the parties or require the payment of any amount owing from the parties. <br> <br>
</div>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#fifteen">
15. Termination of Mediation/ Conciliation
</button>
<div id="fifteen" class="collapse sec5text">
15.1
The Mediation/Conciliation shall be terminated: <br> <br>
(a) by the execution of a settlement agreement by the parties; <br>
(b) by a written declaration of the Mediator/Conciliator to the effect that further efforts at Mediation/Conciliation are unlikely to lead to a resolution of the dispute; <br>
(c) by a written declaration of a party or parties to the effect that the Mediation/Conciliation proceedings are terminated; or <br>
(d) failure by a party/ constituted attorney to attend two consecutive sessions. <br> <br>
15.2
Upon the termination of the Mediation/Conciliation, the Mediator/Conciliator shall promptly send to the FCDR a notice in writing that the Mediation/Conciliation is terminated and shall indicate the date on which it terminated, whether or not the Mediation/Conciliation resulted in a settlement of the dispute and, if so, whether the settlement was full or partial. <br> <br>
15.3
The Mediator/Conciliator shall send to the parties a copy of the notice so addressed to the FCDR. <br> <br>
15.4
The FCDR shall keep the said notice of the Mediator/Conciliator confidential and shall not, without the written authorization of the parties, disclose either the existence or the result of the Mediation/Conciliation to any person. <br> <br>
15.5
The FCDR may, however, include information concerning the Mediation/Conciliation in any aggregate statistical data that it publishes concerning its activities, provided that such information does not reveal the identity of the parties or enable the particular circumstances of the dispute to be identified. <br> <br>
</div>
</div>
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#sixteen">
16. Exclusion of Liability
</button>
<div id="sixteen" class="collapse sec5text">
16.1
Neither the FCDR nor any Mediator/Conciliator shall be liable to any party for any act or omission in connection with any Mediation/Conciliation conducted under these Rules. <br> <br>
16.2
Neither the FCDR nor any Mediator/Conciliator will be a necessary party in judicial proceedings relating to the subject matter or issues discussed in the Mediation/Conciliation. <br> <br>
</div>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6 sec5custom">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#seventeen">
17. Interpretation and Application of Rules
</button>
<div id="seventeen" class="collapse sec5text">
17.1
The Mediator/Conciliator shall interpret and apply these Rules insofar as they relate to the Mediator/Conciliator's duties and responsibilities. <br> <br>
17.2
All other rules shall be interpreted and applied by the FCDR. <br> <br>
</div>
</div>
</div>
</div>
</div>
<!-- The FAQ's Section-->
<div class = "container-fluid sec6faqSection colorscheme2" id = "faq">
<h3 class = "headingStyle2">
FAQ's
</h3>
<button type="button" class="btn sec6btnSpecial" data-toggle="collapse" data-target="#faqs">
Read all the FAQ's
</button>
<div class = "container collapse" id = "faqs">
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f1">
1. What is mediation/ conciliation?
</button>
<p id = "f1" class = " sec6text collapse">
Mediation/conciliation is a dispute resolution process in which a trained neutral third party, called the mediator/conciliator, assists the parties to a dispute to resolve their disputes through a facilitated negotiation. The negotiations are private and confidential. The mediator/conciliator helps the disputants to understand, evaluate options for resolving the dispute between them.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f2">
2. What are the kind of disputes that can<br> be resolved through mediation/<br> conciliation?
</button>
<p id = "f2" class = " sec6text collapse">
Any dispute can be resolved through mediation/conciliation. Disputes arising out of any relationship, contractual or otherwise can be resolved through mediation/conciliation. These will include commercial, employment, matrimonial, family, custody, maintenance and alimony, partition, business, real estate, consumer disputes, etc.
</p>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f3">
3. How does the process of mediation/<br> conciliation work?
</button>
<p id = "f3" class = " sec6text collapse">
Once both parties agree to resolve their dispute through mediation/conciliation, the time and venue for the meeting is fixed. Mediation/conciliation starts with a joint session where the mediator/conciliator explains the process and the ground rules to all the parties. The Mediator/conciliator then listens to what the parties have to say about their respective positions. After listening to both parties, the Mediator/conciliator works with the parties to understand and identify their underlying issues, concerns and expectations. <br> <br> This may be done in the joint session itself or in private sessions with each of the parties. The Mediator/conciliator continues to work with the parties to generate as many options as possible to address their issues and concerns and to resolve the dispute. Once the parties are able to reach a meeting point, the Mediator/conciliator in a joint session formulates the terms of the agreement in discussion with the parties and their lawyers. The agreement is then recorded and passed as an award. <br> <br> The mediator/conciliator controls the process and assists parties to determine the outcome by having joint and separate sessions with the parties as deemed necessary. Parties get clarity about the issues, disclose concerns and voice their inner fears in separate sessions and understand the perception of the other party in joint sessions. They then consider and evaluate options and come to a solution which is reduced to an agreement once they are sure about their choice.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f4">
4. Are lawyers necessary in the mediation/<br> conciliation process?
</button>
<p id = "f4" class = " sec6text collapse">
Lawyers can form an integral part of the process as they guide and advise the parties in the negotiation process and on the legality of the agreement that may be reached. However, the decision to bring a lawyer is that of the parties.
</p>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f5">
5. How can I initiate a mediation/<br> conciliation if the other side has not<br> agreed?
</button>
<p id = "f5" class = " sec6text collapse">
You can approach FCDR who will contact the other side and ascertain their willingness to participate in a mediation/conciliation to resolve the dispute.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f6">
6. Is a written agreement to mediate <br>necessary to recourse to mediation/<br> conciliation?
</button>
<p id = "f6" class = " sec6text collapse">
No. Unlike arbitration, where there should be an agreement in writing between both parties to arbitrate and where only parties to such arbitration agreement can invoke the arbitration, in mediation/conciliation there is no necessity of such a written agreement. It is enough if one party suggests mediation/conciliation and the other agrees. This form of agreement is sufficient for a valid mediation/conciliation to take place.
</p>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f7">
7. Is any formal training or qualification<br> required to be a mediator/ conciliator?
</button>
<p id = "f7" class = " sec6text collapse">
Yes. Mediation/conciliation being a process requiring specialized skills in negotiation, handling people and problem-solving, a specialized training is mandatory.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f8">
8. Who can be a mediator/ conciliator?
</button>
<p id = "f8" class = " sec6text collapse">
Any person can be a mediator/conciliator provided he has undergone the requisite training and has some special knowledge of the subject matter of the dispute and knows the fundamental elements of law to ensure that a legally enforceable agreement is reached between the parties.
</p>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f9">
9. What is the effect of an agreement<br> reached in mediation/ conciliation?
</button>
<p id = "f9" class = " sec6text collapse">
An agreement reached in mediation/conciliation is deemed to be an “arbitral award on agreed terms” under the provisions of the Arbitration and Conciliation Act, 1996. Hence it is enforceable as if it were a court order or decree.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f10">
10. Can an agreement reached in<br> mediation/ conciliation be challenged in<br> appeal?
</button>
<p id = "f10" class = " sec6text collapse">
There are limited grounds to challenge the mediated/conciliated agreement, which is an award.
</p>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f11">
11. How can I become a mediator/<br> conciliator?
</button>
<p id = "f11" class = " sec6text collapse">
You can become a mediator/conciliator by undergoing training through an institution such as FCDR. There are also court-annexed training programs but these are open only for lawyers who are selected by the court-appointed committees.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f12">
12. How can I invoke mediation/<br> conciliation?
</button>
<p id = "f12" class = " sec6text collapse">
You can approach an institution like FCDR with a request to mediate the dispute. FCDR will then issue a notice to the other party/parties requesting them to indicate their consent for the mediation/conciliation within 30 days of receipt of the notice. If the other party/parties agree to the mediation/conciliation, then FCDR will nominate one of their panel mediator/conciliators to mediate the dispute. If the other party/parties refuse or do not reply, it will be deemed to be refusal on their part and in such a case, the mediation/conciliation cannot take place and you have to opt for the usual methods to resolve the dispute like litigation.
</p>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f13">
13. What are the fees payable to a<br> mediator/ conciliator?
</button>
<p id = "f13" class = " sec6text collapse">
Mediator/conciliators usually fix their fees based on the complexity of the dispute and time that is likely to be taken. Usually a fee is fixed for each session. Please contact FCDR for the schedule of fees.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f14">
14. What are the advantages of<br> mediation/ conciliation?
</button>
<p id = "f14" class = " sec6text collapse">
Mediation/conciliation is a much quicker process than arbitration or litigation. Depending on the nature of the dispute, the mediation/conciliation would normally be over in 3 to 4 sessions of 3 hours each. <br> <br> Secondly, the process is private and confidential. <br> <br> Thirdly, it is cost-effective as compared to arbitration and litigation. <br> <br> Fourthly, it is final and binding. <br> <br> Through the mediation/conciliation process, the parties get clarity by discussing the issues and are able to work on these and related issues and arrive at a realistic solution for the matters referred. Related and connected issues can also be resolved through this process.
</p>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f15">
15. Is confidentiality legally protected in<br> mediation/ conciliation?
</button>
<p id = "f15" class = " sec6text collapse">
Yes. Confidentiality is protected under the Arbitration and Conciliation Act, 1996.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f16">
16. Can there be a mediation/<br> conciliation clause in a contract?
</button>
<p id = "f16" class = " sec6text collapse">
Yes. Parties can agree that in case of disputes arising under the contract, recourse will first be had to mediation/conciliation and in case mediation/conciliation fails the parties will go in for arbitration or to the court.
</p>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f17">
17. What is the difference between an<br> arbitral award and mediation/ conciliation<br> award?
</button>
<p id = "f17" class = " sec6text collapse">
An arbitral award is the decision taken by the arbitrator after hearing both sides and evaluating their evidence. It usually favours one party and finds against the other and can be challenged in court. A mediation/conciliation agreement is a consensual agreement and since the terms for the settlement agreement originates from the parties it is workable and is less likely to be challenged.
</p>
</div>
<div class = "col-xs-12 col-lg-6">
<button type="button" class="btn sec5btnCustom" data-toggle="collapse" data-target="#f18">
18. What should be the form of a<br> mediation/ conciliation award?
</button>
<p id = "f18" class = " sec6text collapse">
Since the agreement reached in mediation/conciliation is deemed to be an award on agreed terms, it has to be duly stamped and given in the form of an arbitral award.
</p>
</div>
</div>
</div>
</div>
<!-- The Contact us Section-->
<div class = "container-fluid colorscheme1 pads" id = "contact">
<div class = "container">
<h3 class = "headings">
Contact Us
</h3>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<blockquote>
<h4 class = "sec7headings">
Pushya Sitaraman
</h4>
<p class = "sec7text">
E-mail : name@domain.com <br>
Phone no. : +91 1234567890
</p>
</blockquote>
</div>
<div class = "col-xs-12 col-lg-6">
<blockquote class = "blockquote-reverse">
<h4 class = "sec7headings-right">
Uma Ramanathan
</h4>
<p class = "sec7text">
E-mail : name@domain.com <br>
Phone no. : +91 1234567890
</p>
</blockquote>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<blockquote>
<h4 class = "sec7headings">
R Vijaykrishnan
</h4>
<p class = "sec7text">
E-mail : name@domain.com <br>
Phone no. : +91 1234567890
</p>
</blockquote>
</div>
<div class = "col-xs-12 col-lg-6">
<blockquote class = "blockquote-reverse">
<h4 class = "sec7headings-right ">
A J Jawad
</h4>
<p class = "sec7text">
E-mail : name@domain.com <br>
Phone no. : +91 1234567890
</p>
</blockquote>
</div>
</div>
<div class = "row">
<div class = "col-xs-12 col-lg-6">
<blockquote>
<h4 class = "sec7headings">
Chitra Narayan
</h4>
<p class = "sec7text">
E-mail : name@domain.com <br>
Phone no. : +91 1234567890
</p>
</blockquote>
</div>
</div>
</div>
</div>
<!-- The Footer Section -->
<div class = "container-fluid colorscheme3">
<div class = "container">
<div class = "row">
<div class = "col-xs-12">
<p class= "sec8text">
© Copyright 2016 | FCDR. A CandV Site
</p>
</div>
</div>
</div>
</div>
<!-- Code Area Ends -->
<!-- Latest compiled and minified JQuery -->
<script src="https://ajax.googleapis.com/ajax/libs/jquery/1.12.2/jquery.min.js"></script>
<!-- Latest compiled and minified JavaScript -->
<script src="https://maxcdn.bootstrapcdn.com/bootstrap/3.3.6/js/bootstrap.min.js" integrity="sha384-0mSbJDEHialfmuBBQP6A4Qrprq5OVfW37PRR3j5ELqxss1yVqOtnepnHVP9aJ7xS" crossorigin="anonymous"></script>
</body>
</html>