compose.kerala.gov.in Regn.No.

KERBIL/2012/45073
egazette.kerala.gov.in dated 2012-09-05 with RNI
printing.kerala.gov.in Reg No.KL/TV(N)/634/2021-2023

േകരള സരകാര
GOVERNMENT OF KERALA

േകരള ഗസറ്
KERALA GAZETTE
ആധികാരികമായി ്പസിദെപടുതുനത

PUBLISHED BY AUTHORITY

െചാവ, 2022 മാരച്‌ 08

Tuesday, 08th March 2022
1197 കുംഭം 24 1943 ഫാൽഗുനം 17
24th Kumbham 1197 17th Phalguna 1943

വാല്ം 11 നമര 10
Vol. XI No.
Part III

Judicial Services Department

©
േകരള സരകാര
GOVERNMENT OF KERALA
2022

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 44 KERALA GAZETTE Part III
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THE HIGH COURT OF KERALA

NOTIFICATION

No. D1-1/21263/2014(1). 7th February 2022.

In exercise of the powers conferred under Section 122 and clause (d) of sub section (2) of
section 89 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) and of all other powers
enabling it in this behalf, and in supersession to ‘the Civil Procedure (Alternative Dispute Resolution)
Rules, 2008’ issued by the High Court under notification No. D1(A)-58357/2002, dated 7-3-2008 and
published in the Kerala Gazette No. 13, dated 25-3-2008, the High Court of Kerala hereby publishes
for general information the draft of the Civil Procedure (Alternative Disputes Resolution) Rules, 2017.
Notice is hereby given that any suggestion with respect to the draft received from any person
within thirty days from the date of publication of this notification in the official gazette will be
considered by the High Court. It shall be addressed to the Registrar (District Judiciary), High Court
of Kerala, Kochi-682 031.
RULES

1. Short title and commencement:

(1) These Rules may be called the Civil Procedure (Alternative Disputes Resolution)
Rules, 2017.

(2) They shall come into force at once.

P ART I

GENERAL RULES

2 . Definitions:
(a) ‘Arbitration’ means the process by which an arbitrator appointed by parties or by the Court,
as the case may be, adjudicates the dispute between the parties to the suit and passes an award by
applying the provisions of the Arbitration and Conciliation Act, 1996 (Act 26 of 1996) and the Rules
made thereunder, in so far as they refer to arbitration.
(b) ‘Board of Governors’ means a body nominated by the Chief Justice consisting of such
number of sitting or former judges of the High Court with a sitting judge as President.
(c) ‘Chief Justice’ means the Chief Justice of the High Court of Kerala.
(d) ‘Conciliation’ means the process by which a conciliator who is appointed by parties or by
the Court, as the case may be, conciliates the dispute between the parties to the suit by applying
the provisions of the Arbitration and Conciliation Act, 1996 (Act 26 of 1996) and the Rules made
thereunder, in so far as they refer to conciliation.
(e) ‘Director’ means the Director, ADR Centre, High Court.
(f) ‘District Mediation Centre/Mediation Sub Centre’ means the Mediation Centre/Mediation
Sub Centre established by the Kerala State Mediation and Conciliation Centre as such, as may be
ordered by the Chief Justice.

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(g) ‘High Court’ means the High Court of Kerala.

(h) ‘Judicial Settlement’ means the process by which a Judicial Officer effects a compromise
between the parties to the suit or proceeding.
(i) ‘Kerala State Mediation and Conciliation Centre’ means the Centre established by the High
Court of Kerala under Rule 8 for effective implementation of the provisions regarding Mediation and
Conciliation.
(j) ‘Lok Adalat Settlement’ means settlement by way of compromise entered into before the
Lok Adalat as provided for by the Legal Services Authorities Act, 1987 (Act 39 of 1987).
(k) ‘MCPC’ means the Mediation and Conciliation Project Committee of the Supreme Court
of India.
(l) ‘Mediation’ means the process by which the court refers the dispute to the Mediation
Centre or a Mediator, who shall mediate the dispute between the parties by applying the provisions
of Order LV of Code of Civil Procedure 1908 (Act 5 of 1908) and these Rules.
(m) ‘Mediator’ means the person selected and trained by the Kerala State Mediation and
Conciliation Centre and who has been accredited as Mediator by the Mediation and Conciliation
Project Committee of the Supreme Court of India. However a trainee who is assigned mediation
work for the purpose of fulfilling the requisite norms prescribed by the Mediation and Conciliation
Project Committee for accreditation shall also be treated as a Mediator during the said period.

3. Procedure for directing parties to opt for Alternative modes of Disputes Resolution:
The court may at any stage of the proceedings, direct the parties to opt for one of the modes
of Alternative Disputes Resolution specified in clauses (a) to (d) of sub section (1) of Section
89 of the Code of Civil Procedure, 1908 (Act 5 of 1908). If the court is of the opinion that the
case is a fit one to be referred to Mediation or Lok Adalat or Judicial settlement, the court shall
refer the parties to Mediation or Lok Adalat or Judicial Settlement, as the case may be, even
without the consent of the parties. However reference for Arbitration or Conciliation shall be made
only with the written consent of the parties.

4. Courts to give guidance to parties:

The Court shall, if necessary, before directing parties to exercise their option as to the
particular modes of settlement referred to in sub section (1) of Section 89 of the Code of Civil
Procedure, 1908 (Act 5 of 1908), under Rule 3, give such guidance as it deems fit.

5. Procedure for reference by the Court:

(1) Where the parties to a suit opt and agree for Arbitràtion they sball apply to the court
within thirty days of the direction of the court under Rule 3. The court shall then refer the matter to
Arbitration and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (Act 26 of
1996), shall apply.
(2) Where the parties to a suit opt for settlement by the Lok Adalat or where one of the
parties applies for reference to Lok Adalat, the provisions of Section 20 of the Legal Services
Authorities Act, 1987 (Act 39 of 1987) shall apply.

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(3) Where the parties to a suit agree for Judicial Settlement, the Court shall refer the dispute
to another willing Judicial Officer and such Judicial Officer shall attempt a settlement between
the parties.
(4) Where the parties opt and agree for Conciliation, they shall apply to the court within thirty
days of the direction under Rule 3. The court shall then refer the matter for Conciliation and
thereafter the provisions of the Arbitration and Conciliation Act, 1996 (Act 26 of 1996) shall apply.
(5) Where the Court is of opinion that the case can be referred to Mediation, the Court shall
refer the matter to Mediation and thereafter the provisions of these Rules shall apply.
(6) Where the parties to a suit include a minor or a person under disability, any settlement of
the disputes under any of the modes of Alternative Disputes Resolution shall be in compliance with
the provisions of Order XXXII of the Code of Civil Procedure, 1908 (Act 5 of 1908).

6. Appointment of Arbitrator, Conciliator, Judicial Settlement Authority and Mediator:

(1) An application under sub rule (1) of Rule 5 shall state the names of Arbitrator/Arbitrators
acceptable to the applicant and if the parties fail to reach a consensus, the court may advice the
parties that any one of them may apply under Section 11 of the Arbitration and Conciliation Act,
1996 (Act 26 of 1996). In the event of failure of the parties to act as aforesaid, the court may
refer the parties to Mediation or Judicial Settlement including settlement through Lok Adalat.
(2) An application under sub rule (4) of Rule 5 shall state the names of the Conciliator/
Conciliators acceptable to the applicant. If the parties fail to reach a consensus as to the name of
the Conciliator/Conciliators, even after the intervention of the court, the court shall appoint a
sole Conciliator.

7. Applicability to other proceedings:

These rules shall apply to all proceedings before all courts and tribunals to the extent they are
not inconsistent with the special rules governing such courts and tribunals.

8. Kerala State Mediation and Conciliation Centre:

(1) There shall be a Kerala State Mediation and Conciliation Centre constituted by the Chief
Justice comprising of the Chief Justice as the Patron in Chief, the Executive Chairman of the Kerala
State Legal Services Authonty as the Patron and the Board of Governors consisting of such number
of sitting or retired Judges of the High Court as may be nominated by the Chief Justice. It shall be
the function of the Kerala State Mediation and Conciliation Centre to supervise and control the
mediation and conciliation projects and programmes in Kerala and to popularise the concept of
mediation and conciliation as Alternative Dispute Resolution methods among the public.
(2) The Kerala State Mediation and Conciliation Centre shall be administered by a Board of
Governors. The President of the Board of Governors shall be a sitting Judge of the High Court.
(3) The Director shall co-ordinate the activities of the Kerala State Mediation and Conciliation
Centre, under the administrative control of the Board of Governors.

9. Meeting of the Board of Governors:

The Board of Governors shall meet at least once in a month. It shall be the duty of the
Director to convene the meeting and to draw up the minutes of the meeting. The minutes shall be
signed by the Board of Governors.

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P ART II

MEDIATION RULES

1 0 . Eligibility:
The following persons shall be eligible for being considered for selection to be trained as
Mediator under Rule 16:
(1) Former Judges of the Supreme Court of India.
(2) Former Judges of the High Courts.
(3) District and Sessions Judges superannuated from service.
(4) Any other superannuated Judicial Officer, who has either served as a Judicial Officer for
not less than fifteen years or whose length of service as Judicial Officer and period of practice as
Advocate, put together, is not less than fifteen years.
(5) Legal practitioners with not less than fifteen years practice.
(6) Experts or other professionals with not less than fifteen years’ experience in their
respective fields.
(7) Retired Law teachers with not less than fifteen years’ service.

11 . Disqualifications:
The following persons shall be deemed to be disqualified for being selected/appointed
as Mediator:
(1) any person adjudged as insolvent or who is of unsound mind;
(2) any person facing criminal trial on charges involving moral turpitude or any person
convicted by a criminal court for any offence involving moral turpitude;
(3) any person against whom disciplinary proceedings on charges involving moral turpitude have
been initiated by the appropriate authority which is pending or has resulted in a punishment not less
than censure;
(4) any person who is interested or connected with the dispute referred or is related to any one
of the parties or to those who represent them, unless such objection is waived by all the parties in
writing;
(5) any legal practitioner who has appeared or is appearing for any of the parties in the suit,
or, in any other suit or proceeding.

1 2 . District Mediation Centre:

There shall be a District Mediation Centre in all the Districts. The Principal District Judge of
the District shall be the District Coordinator. The Secretary, District Legal Services Authority shall
be the Coordinator of the District Mediation Centre. The District Mediation Centre shall be
administered by a Core Committee consisting of such number of Judicial Officers of the District as
may be nominated by the District Coordinator and shall function under the supervision and control of
the Kerala State Mediation and Conciliation Centre. The Ernakulam Mediation Centre shall be
administered directly by the Kerala State Mediation and Conciliation Centre.

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1 3 . Mediation Sub Centre:

The Kerala State Mediation and Conciliation Centre may establish Mediation Sub Centres in
other Court centres as well, for the effective implementation of the mediation process. The District
Coordinator shall nominate a Judicial Officer of that Sub Centre as Coordinator. The Coordinator of
the Sub Centre shall also be the Convenor of its Core Committee.

1 4 . Core Committee:
(1) There shall be a Core Committee for each District Mediation Centre/Mediation Sub Centre,
to ensure prompt and timely action in the implementation of the mediation programmes. The Core
Committee shall be an advisory committee to aid the respective Coordinators of District Mediation
Centres and Mediation Sub Centres.
(2) The Core Committee shall consist of:
(a) District Coordinator in case of District Mediation Centre.
(b) A Convenor, who shall, in case of District Mediation Centre, be the coordinator of the
District Mediation Centre and in case of a Sub Centre, a Subordinate Judicial Officer,
who shall be nominated by the District Coordinator.
(c) President of the Bar Association.
(d) Government Pleader.
(e) A Mediator nominated by the District Coordinator.
(3) The Core Committee shall meet at least once in a month. There shall be a combined
meeting of the Mediators and the Core Committee every month. The meetings shall be convened by
the Convenor of the Core Committee who shall also draw up the minutes. The minutes shall be
signed by the members of the Core Committee. The minutes of the meeting shall be forwarded to
the District Coordinator.
(4) The District Coordinator shall also convene a meeting of the Judicial Officers of the district
at least once in a month to review the progress of mediation programmes. The minutes of the
meeting shall be drawn up by the Coordinator of the District Mediation Centre.
(5) The District Coordinator shall communicate the minutes of such meetings to the Kerala
State Mediation and Conciliation Centre.

1 5 . Funds:
The funds for the Kerala State Mediation and Conciliation Centre shall be made available by
the State Government through the High Court, or the Kerala State Legal Services Authority, as may
be decided upon from time to time.

1 6 . Selection, Training, and Accreditation of Mediators:

(1) The Kerala State Mediation and Conciliation Centre shall select and train Mediators for the
District Mediation Centres and the Mediation Sub Centres. The Mediator so trained shall function
under the supervision and control of the Kerala State Mediation and Conciliation Centre.
(2) A Mediator, on successful completion of the training prescribed by the MCPC and
conducted by the Kerala State Mediation and Conciliation Centre, will be eligible for accreditation
subject to such other norms prescribed by the MCPC from time to time.

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(3) Every Mediation Centre shall maintain a panel of trained Mediators from which a mediator
shall be appointed for each case, based on the guidelines issued by the Kerala State Mediation and
Conciliation Centre from time to time. The mere inclusion in the panel so prepared does not give
any right to the mediator for being appointed as a mediator. The appointment of a mediator shall be
at the absolute discretion of the Mediation Centre concerned.
(4) The Mediators shall be entitled to the Honorarium fixed by the MCPC and the Kerala
State Mediation and Conciliation Centre from time to time.
(5) The Kerala State Mediation and Conciliation Centre shall have the power to transfer a
Mediator from the panel of a Distnct Mediation Centre to any other Distnct Mediation Centre or
Mediation Sub Centres and vice versa for administrative convenience.

1 7 . Removal of Mediators from the panel of Mediators:

(1) There shall be periodical assessment of the performance of Mediators by the Kerala State
Mediation and Conciliation Centre.
(2) The Kerala State Mediation and Conciliation Centre may discontinue engaging a Mediator
from mediation and recommend to the MCPC to cancel his accreditation, if it is of the opinion that
it is not in the interest of the mediation centre to engage him as Mediator.
(3) In arriving at the opinion referred in sub rule (2) the Kerala State Mediation and
Conciliation Centre shall take into consideration the conduct of the Mediator, the percentage of
success rate, complaints etc., if any, received against his work or conduct as Mediator.
(4) A Mediator placed in the panel of Mediators may also be removed from the panel of
Mediators, if:-
(a) he incurs any of the disqualifications mentioned in Rule 11 of these Rules or indulges in
any unethical practices while conducting mediation or otherwise;
(b) the Mediator advertises as such or engages in any mediation otherwise than a Court
referred Mediation;
(c) the Mediator remains absent without reasonable cause, from attending three consecutive
periodical meetings convened by the Board of Governors or Convenor of the Core Committee
concerned, as the case may be;
Provided that before taking any action under this Rule, the Mediator against whom such action is
proposed to be taken shall be afforded an opportunity of being heard. The decision taken by the
Board of Governors on the removal of a Mediator from the panel of Mediators shall be final and
binding on the Mediator.

Rule 18: Summons/Notice to be accompanied by a pamphlet:

The Kerala State Mediation and Conciliation Centre shall prepare a pamphlet informing the
parties to the litigation about the availability of mediation process for settlement. Summons/notice in
every judicial proceeding other than criminal proceedings shall be accompanied by such pamphlet.
The pamphlet shall also be supplied to the party who initiates the litigation.

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Rule 19: Reference to Mediation:

(1) The court hearing a case shall, on selecting mediation as an Alternative Dispute Resolution
method, as envisaged under Section 89 of the Code of Civil Procedure, 1908 (Act 5 of 1908), refer
the case for mediation to the Mediation Centre, whether or not the parties agree to refer the dispute
for mediation.
(2) On receipt of the matter by way of referral for mediation the Coordinator of the Mediation
Centre may assign the matter to any Mediator from its panel who is best suited to deal
with the matter.
(3) The mediation shall not be limited to the issues referred. The Mediator may take into
account other disputes, if any, between the parties to a case and may attempt to resolve all the
disputes between the parties.

20. Venue for mediation:

Subject to the guidelines issued by the Kerala State Mediation and Conciliation Centre, the
mediation shall be conducted at one or the other of the following places:
(i) Mediation Centres established by the Kerala State Mediation and Conciliation Centre.
(ii) Venue of the Lok Adalat or the Permanent Lok Adalat.
(iii) Any place identified by the Mediation Centre/Principal District Judge, within the
Court premises.
(iv) Any place identified by the Bar Association or Kerala Bar Council for the purpose of
conducting mediation within the Court premises, subject to approval by the Court.

21. Appointment of Mediator:

(1) The Coordinator of the Mediation Centre shall, while appointing any person from its panel
as Mediator, consider his suitability for resolving the particular category of dispute involved in the
suit and may give preference to those who have special qualification or experience in such category
of dispute. The procedure for allotment of cases to Mediators shall be as per the guidelines issued
by the Board of Governors, from time to time.
(2) The Mediation Centre may cancel the appointment of a Mediator for a particular case and
appoint another Mediator. Such removal of a Mediator from a case shall be strictly on administrative
convenience and shall not be construed as casting any stigma on the Mediator.

22. Duty of Mediator to disclose certain facts:

When a Mediator is appointed for mediating a dispute, he shall disclose to the Mediation
Centre and the parties any circumstances which are likely to give rise to a justifiable doubt as to his
independence or impartiality.
23. Cancellation of Appointment:
Upon information furnished by the Mediator under Rule 22 or upon any other information
received from the parties or other persons, if the court, in which the suit is filed, or the Mediation
Centre is satisfied, after conducting such enquiry as it deems fit, and after giving a hearing to the
Mediator, that the said information has raised a justifiable doubt as to the Mediator’s independence
or impartiality, it shall cancel the appointment and replace him by another Mediator.

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24. Procedure of mediation:

(1) The Mediator shall follow the procedure as per the training imparted to him, in accordance
with the settled principles of mediation, which shall include the introduction and opening statement by
the Mediator, joint and separate session with the parties, the closing and such other steps taken by
the Mediator to facilitate the settlement of a referred matter.
(2) The Mediator may fix, in consultation with the parties or the lawyers concerned, the date
and time of each mediation session.
(3) The Mediator may also conduct joint or separate meetings with the parties.
(4) Each party shall furnish to the Mediator, copies of pleadings or documents or such other
information as may be required by him in connection with the issues to be resolved.
Provided that where the Mediator is of the opinion that he should peruse any original document filed
in the case, the court may permit him to peruse the said original document.
(5) If any of the parties appearing for mediation is deaf and dumb, the Mediation Centre, at
the request of the Mediator, shall make available the assistance of a deaf and dumb interpreter or an
expert in sign language. The expenses to obtain the service of such expert shall be met by the party
concerned. Explanation: The term ‘expert’ includes teachers or other staff of special school for
imparting education to deaf and dumb persons.
25. Code of Civil Procedure, 1908 and Evidence Act, 1872 not to apply:
The provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908) and the Evidence Act,
1872 (Act 1 of 1872) are not applicable to mediation proceedings. The Mediator shall be guided by
the principles of fairness and justice and have regard to the rights and obligations of the parties and
the nature of the dispute.
26. Attendance of Parties:
(1) The mediation sessions shall be conducted in complete privacy. Only the parties concerned,
their counsel and power of attorney holders shall be permitted to attend. Any other person shall be
permitted to attend the mediation session only with the consent of the parties and permission
of the Mediator.
(2) The parties shall be present personally and may also be represented by counsel or power
of attorney holder at the meetings or sessions notified by the Mediator. If one of the parties is
unable to attend the mediation on a particular day, he shall give advance intimation to the Mediator
as well as the opposite party.
(3) If a party fails to attend a session or meeting notified by the Mediator without prior
intimation, the opposite party may apply to the court which referred the case for mediation for
appropriate directions.
(4) A party who is not resident in India or who is unable to attend the mediation personally,
may be represented by a counsel holding vakalath of the party or his power of attorney holder with
sufficient authorisation to participate in mediation and settle. On such authorisation, the party shall
be bound by the action of or settlement entered into by the counsel or the power of attorney in the
course of mediation.

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27. Administrative Assistance:

In order to facilitate the conduct of mediation proceedings, the parties, or the Mediator with
the consent of the parties, may arrange for administrative assistance by a suitable institution or
person. The expenses for such administrative assistance shall be borne by the party concerned.
28. Time Limit for Completion of Mediation:
(1) The mediation shall stand terminated on the expiry of sixty days from the appearance of
parties before the Mediator, unless extended by the court which referred the matter, for further
periods, either suo motu or upon report by the Mediator or request by any of the parties. Any such
extension of the time limit shall not be for a period of more than two months.
(2) In cases where the time limit for mediation has not been extended by the court, it shall be
the duty of the Mediation Centre to return the referral order to the court with an endorsement that
the mediation could not be completed within the time limit prescribed. The said fact shall be intimated
to the Mediator and the parties/advocates.
(3) Notwithstanding the fact that a matter could not be settled on reference to mediation, the
court may in appropriate cases make further reference to mediation at any later stage.
29. Confidentiality, disclosure and inadmissibility of information:
(1) The Mediator shall not disclose confidential information received from any party to the
proceedings, without written permission from the party.
(2) The parties shall maintain confidentiality regarding the events that transpired during
mediation They shall not rely on or introduce in evidence any information as to:
(a) the views expressed by a party or Mediator in the course of the mediation proceedings;
(b) documents obtained during the mediation which are expressly required to be treated as
confidential or other notes, drafts or information given by parties or Mediator;
(c) the admission made by a party in the course of the mediation proceedings in any
Proceedings between the parties
(3) There shall be no stenographic or, audio or video recording of the mediation Proceedings.
(4) No court shall permit the parties to adduce evidence in respect of anything referred to in
sub rules (1) and (2).
30. Matters which can be settled in the course of mediation:
(1) The parties may settle any dispute between them, whether or not pending adjudication
before any Court, Tribunal or other authority and irrespective of whether the said dispute is an issue
in the suit or other proceedings in which the reference has been made.
(2) On receipt of mediation agreement, the court which referred the dispute may record the
compromise, direct the mediation agreement to become part of the judgment and pass a decree
in terms of the agreement on the issues pending before the court and issues not covered
by sub rule (3).
(3) If the dispute pending adjudication before any other Court, Tribunal or other authority is
also part of the mediation settlement, the said Court, Tribunal or other authority may treat a certified
copy of the judgment along with the mediation agreement mentioned in sub rule (2) as sufficient
material to prove the compromise between the parties and pass consequential decree.

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(4) The Court, Tribunal or other authority passing a decree under sub rules (2) or (3) shall
order refund of court fee, if any, in accordance with Section 69A of the Kerala Court Fees and Suit
Valuation Act, 1959 [Act 10 of 1960].
31. Immunity:
A Mediator shall not be held liable for civil or criminal action in respect of any bonafide act
or omission during the mediation proceedings. He shall not be summoned to appear in a court of law,
including the court which referred the case for mediation, to testify regarding any information
received by him or action taken by him or in respect of drafts or records prepared by him or shown
to him during the mediation proceedings.
32. Settlement Agreement:
(1) When an agreement is reached between the parties with regard to the disputes between
them, it shall be reduced to writing in specific terms, so as to enable the Court, Tribunal or any other
authority which referred the dispute for mediation, to draw up a decree in terms of the agreement.
It shalt be verified and signed by the parties or by their power of attorney holder. The signatures
of parties shall be attested by their respective counsel or by any of the authorities mentioned in
Rule 27 of the Civil Rules of Practice Kerala.
(2) The agreement referred to in sub rule (1), shall along with the report of the Mediator, be
submitted to the Mediation Centre, which shall forward the same to the court making the reference.
(3) The agreement referred to in sub rule (1) shall not be considered invalid merely for the
fact that it has not been signed by the advocate of any of the parties or by any party who is not
necessary for an effective compromise.
(4) The report of the Mediator shall not contain anything other than the final outcome of
mediation.
33. Honorarium of Mediators:
The Mediators shall be paid Honorarium by the Government through the Kerala State Legal
Services Authority, at the rates prescribed by the MCPC or the Kerala State Mediation and
Conciliation Centre, prevailing at the commencement of mediation.
34. Registers, Forms, Monthly Returns etc:
(1) The Registers and Forms as prescribed by the Board of Governors from time to time shall
be maintained in every Mediation Centre.
(2) There shall be a separate proceeding sheet for each case referred to mediation wherein the
Mediator shall record the daily proceedings. No confidential matters shall be entered in the
proceedings sheet.
(3) The periodical returns from the Sub Centre shall be submitted to the District Coordinator.
The periodical returns from a district shall be submitted by the District Coordinator to the Director,
Kerala State Mediation and Conciliation Centre in the prescribed form.
35. Ethics to be followed by the Mediator:
The Mediator shall:
(a) be guided by a service oriented approach in the conduct of the mediation process;
(b) follow and observe these Rules strictly and with due diligence;

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(c) not carry on any activity or conduct which could reasonably be considered as a conduct
unbecoming of a Mediator;
(d) uphold the integrity and fairness of the mediation process;
(e) strive to popularise mediation as an Alternative Dispute Resolution method among the public
and not do anything which may bring the mediation process to disrepute;
(f) ensure that the parties involved in the mediation are fairly informed and shall have an
adequate understanding of the procedural aspects of mediation;
(g) disclose any interest or relationship to the subject matter of dispute or the parties;
(h) maintain the fiduciary nature of the office of the Mediator;
(i) maintain confidentiality as to the process of mediation;
(j) not impose on the parties any terms of settlement,
(k) refrain from making promises or guaranteeing results;
(l) not engage in any private mediation;
(m) not advertise himself as an accredited Mediator of MCPC;
(n) behave decently to the parties, advocates and others, who participate in the mediation
and not show anger or any other emotions and maintain equanimity at all stages of the
mediation process.
(o) attempt for voluntary resolution of the disputes by the parties.

P ART III
CONCILIATION RULES
3 6 . Procedure for Conciliation:
Where a dispute has been, referred for conciliation under clause (b) of sub section (1) of
Section 89 of the Code of Civil Procedure, 1908 (Act 5 of 1908), the provisions of the Arbitration
and Conciliation Act, 1996 (Act 26 of 1996) shall apply as if the proceedings for conciliation were
referred for settlement under the provisions of that Act.
Explanatory Note

(This does not form the part of notification but is intended to indicate its general purport).
Section 89 was inserted in the Code of Civil Procedure, 1908 by the Code of Civil Procedure
(Amendment) Act, 1999. It provides for referring a dispute for settlement outside the Court. Thus it
has become necessary to lay down rules regarding the procedure to be adopted on such reference,
especially pertaining to the constitution of the Kerala State Mediation and Conciliation Centre, District
Mediation Centres, preparation of the panel of Mediators, honorarium of Mediators etc. Eventhough
the High Court had earlier issued ‘the Civil Procedure (Alternative Dispute Resolution) Rules, 2008’
on the subject, it did not contain all the necessary provisions. Hence new Rules have to be framed
in supersession of the earlier Rules. The notification is intended to achieve the said objective.

By order,

P. KRISHNA KUMAR,
Kochi. Registrar General
In charge of Registrar (D istrict J udiciary).

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/
 08th March 2022 KERALA GAZETTE 55
____________________________________________________________________________________________________________________________

NOTIFICATION
No. D1-21263/2014(2). 7th February 2022.
In exercise of the powers conferred under section 122 of the Code of Civil Procedure, 1908
(Central Act 5 of 1908) and of all other powers enabling it in this behalf, the High Court of Kerala
hereby publishes for general information the draft of the amendments proposed to the First Schedule
of the Code of Civil Procedure, 1908.
Notice is hereby given that any suggestion with respect to the draft received from any person
within thirty days from the date of publication of this notification in the official gazette will be
considered by the High Court. It shall be addressed to the Registrar (District Judiciary), High Court
of Kerala, Kochi -682 031.
RULES
1 . Short title and commencement: (1) These rules may be called the Code of Civil Procedure
(Kerala Amendment) Rules, 2017.
(2) They shall come into force at once.
2. Amendment of the Rules:- In the First Schedule of the Code of Civil Procedure, 1908,
(1) in Order X, the existing Rule lA shall be substituted with the following, namely:—
1A. Direction of the Court to opt for any one mode of alternative dispute resolution.—
The Court may, at any time after the institution of the suit, and shall upon completion of- pleadings,
unless it has been so done before, and, may at any time thereafter, consider whether there exists
elements of a settlement and make reference of the disputes for settlement outside the Court, in
accordance with Section 89 of this Code.
(2) after Order LIV, the following Order shall be inserted, namely

ORDER LV
MEDIATION RULES

1. Where the court is of the opinion that, a suit, appeal or other proceeding before it, deserves
to be referred to mediation, it shall make an order of reference to mediation.
2. Reference under rule 1 shall be made to any court-annexed mediation center depending
upon the convenience and need of the parties.
3. The court shall not send the original records of the case to the mediation center except
when it is found necessary to do so, on a report of the Mediator in that regard.
4. The mediation shall stand terminated on the expiry of sixty days from the appearance of
parties before the Mediator, unless extended by the court which referred the matter, for further
periods, either suo motu or upon report by the Mediator or request by any of the parties, Any such
extension of the time limit shall not be for a period of more than sixty days. This shall not abridge
the power of the court to refer the case to mediation again at a later stage in appropriate cases.

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/
 56 KERALA GAZETTE Part III
____________________________________________________________________________________________________________________________

5. The parties may settle any dispute between them, whether or not pending adjudication
before any Court, Tribunal or other authority and irrespective of whether the said dispute is an issue
in the suit or other proceedings in which the reference has been made.
6. On receipt of mediation agreement, the court which referred the dispute may record the
compromise following the procedure laid down in Order XXIII Rule 3, direct the mediation
agreement to become part of the judgment and pass a decree in terms of the agreement on the
issues pending before the court and issues not covered by rule 5.
7. If a dispute pending adjudication before any other Court, tribunal or other authority is also
part of the mediation settlement, the said Court, Tribunal or other authority may treat a certified
copy of the judgement along with the mediation agreement mentioned in rule 6 as sufficient
materials to prove the compromise between the parties and pass consequential decree.
8. The Court, Tribunal or other authority passing a decree under rules 6 or 7 shall order
refund of court fee, if any, in accordance with Section 69A of the Kerala Court Fees and Suits
Valuation Act, 1959 [Act 10 of 1960].

By order,

P. KRISHNA KUMAR,
Kochi-682 031. Registrar General
In charge of Registrar (D istrict J udiciary).

Explanatory note
(This does not form part of the notification but is intended to indicate its general purport)
Section 89 was inserted in the Code of Civil Procedure, 1908 by the Code of Civil Procedure
(Amendment) Act, 1999. It provides for referring a dispute for settlement outside the Court.
Thus it has become necessary to lay down the procedure to be adopted on reference of a dispute
for mediation
The notification is intended to achieve the said objective.

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/
 08th March 2022 KERALA GAZETTE 57
____________________________________________________________________________________________________________________________

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____________________________________________________________________________________________________________________________
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2022
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/