Correlation Between CASE MANAGEMENT And MEDIATION - Law ...

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18 Order for inspection19 Verified copies20 Premature discovery21 Non-compliance with order for discovery22 Using answers to interrogatories at trial23 Order to apply to minorsORDER XIIADMISSIONSRulesDescription1 Notice of admission of case2 Notice to admit documents2A Documents to be deemed to admitted if not denied after service of notice toadmit documents3 Form of notice3APower of Court to record admission4 Notice to admit facts5 Form of admissions6 Judgement on admissions7 Affidavit of signature8 Notice to produce documents9 CostsORDER XIIlPRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTSRulesDescription1 Original documents to be produced at or before the settlement of issues2 [Omitted]3 Rejection of irrelevant or inadmissible documents4 Endorsements on documents admitted in evidence5 Endorsements on copies of admitted entries in books, accounts and records6 Endorsements on documents rejected as inadmissible in evidence7 Recording of admitted and return of rejected documents8 Court may order any document to be impounded9 Return of admitted documents16
10 Court may send for papers from its own records or from other Courts11 Provisions as to documents applied to material objectsRelevant provisions of the Arbitration and Conciliation Act, 1986, whichshould be made applicable to the mediation proceedings]S. 61. Application and scope – (1) Save as otherwise provided by any law for the timebeing in force and unless the parties have otherwise agreed, this Part shall apply toconciliation of disputes arising out of legal relationship, whether contractual or not andto all proceedings relating thereto.(2) This part shall not apply where by virtue of any law for the time being in force certaindisputes may not be submitted to conciliation.S.62. Commencement of conciliation proceedings:-(1) The party initiating conciliation shall send to the other party a written invitation toconciliate under this Part, briefly identifying the subject of the dispute.(2) Conciliation proceedings shall commence when the other party accepts in writingthe invitation to conciliate.(3) If the other party rejects the invitation, there will be no conciliation proceedings.(4) If the party initiating conciliation does not receive a reply within thirty days from thedate on which he sends the invitation, or within such other period of time asspecified in the invitation, he may elect to treat this as a rejection of the invitation toconciliate and if he so elects, he shall inform in writing the other party accordingly.S.63 Number of Conciliators:-(1) There shall be one conciliator unless the parties agree that there shall be two orthree conciliators.(2) Where there is more than one conciliator, they ought, as a general rule, to act jointly.S.64 Appointment of conciliators:-(1) Subject to sub-section (2),-(a) in conciliation proceedings with one conciliator, the parties may agree on the nameof a sole conciliator;(b) In conciliation proceedings with two conciliators, each party may appoint oneconciliator;(c) in conciliation proceedings with three conciliators, each party may appoint oneconciliator and the parties may agree on the name of third conciliator who shall actas the presiding conciliator.17
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