What is the procedure to start a mediation process?
An application is to be made by a party to the commercial dispute as per Form-1 specified in Schedule 1 of the Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 ("Mediation Rules") to the Authority. Once the Authority determines that it has the territorial and pecuniary jurisdiction and whether the dispute is of commercial nature, it will issue a notice to the counter party for appearing and consenting to the mediation process. If the counter party provides its consent to mediation, the Authority will proceed to appoint a mediator. However, if the counter party refuses to participate in the mediation process or fails to provide its response, the Authority will inform the party applying for mediation. Thereafter, the party may initiate proceedings before the commercial court for adjudication of the dispute.
