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Bihar Civil Procedure (Mediation) Rules, 2008
Bihar Civil Procedure (Mediation) Rules, 2008
Sections
1. Title and Commencement.
Section 12. Appointment of Mediator.
Section 23. Panel of Mediators.
Section 34. Qualifications of persons to be empanelled under Rule-3.
Section 45. Disqualifications of persons.
Section 56. Venue for Conducting Mediation.
Section 67. Preference.
Section 78. Duty of mediator to disclose certain facts.
Section 89. Cancellation of Appointment.
Section 910. Removal or Deletion from Penal*.
Section 1011. Procedure of mediation.
Section 1112. Mediator not bound[ed] by Evidence Act, 1872 or Code of Civil Procedure 1908.
Section 1213. Non-attendance of parties at Sessions or Meetings on due dates.
Section 1314. Administrative Assistance.
Section 1415. Offer of Settlement by parties.
Section 1516. Role of Mediator.
Section 1617. Parties alone responsible for taking decision.
Section 1718. Time limit for completion of mediation.
Section 1819. Parties to act in good faith.
Section 1920. Confidentiality, disclosure and inadmissibility of information.
Section 2021. Privacy.
Section 2122. Immunity.
Section 2223. Communication between mediator and the Court.
Section 2324. Settlement of agreement.
Section 2425. Court to fix a date for recording settlement and passing Decree.
Section 2526. Fee of mediator and cost.
Section 2627. Ethics to be followed by mediator.
Section 2728. Transitory Provision.
Section 28
bihar-civil-procedure-mediation-rules-2008.json
•
28 Sections
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Bihar
{
"id": 15229,
"slug": "bihar-civil-procedure-mediation-rules-2008",
"title": "Bihar Civil Procedure (Mediation) Rules, 2008",
"short_title": "Bihar Civil Procedure (Mediation) Rules, 2008",
"act_number": "Published vide Notification No. B/Estt. (H.C.)-06-",
"act_year": 2008,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": null,
"description": "Bihar Civil Procedure (Mediation) Rules, 2008",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Title and Commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Appointment of Mediator.",
"chapter": null,
"content": "(a) The parties to a suit may all agree on the name of a sole mediator for mediating between them.\n(b) Where there are two sets of parties and are unable to agree on a sole mediator, each set of parties shall nominate a mediator.\n(c) Where parties agree on a sole mediator under Clause (a) or where parties nominate more than one mediator under Clauses (b) the mediator need not necessarily be from the panel of the mediators referred to in Rule-3 nor should possess the qualifications referred to in Rule-4 but should not be a person who suffers from the disqualification referred to in Rule-5.\n(d) Where there are more than two sets of parties having diverse interests, each set shall nominate a person on its behalf and the said nominees shall select the sole mediator and failing unanimity in that behalf, the court shall appoint a sole mediator.",
"footnote": "",
"is_definition": false,
"sort_order": 1
},
{
"number": "3",
"title": "3. Panel of Mediators.",
"chapter": null,
"content": "(b) (i) The District & Sessions Judge or Courts of equal status in each District & Principal Judge, Family Court shall, for the purpose of appointing mediators to mediate between the parties in suits filed on their original side, prepare a panel of mediators, within a period of sixty days of the commencement of these Rules, after obtaining the approval of the High Court to the names included in the panel and shall publish the same on their respective Notice Boards.\n(ii) Copies of the said panel referred to in Clause (i) shall be forwarded to all the Courts of equivalent jurisdiction or Courts Sub-ordinate to the Courts referred to in Sub-Clause (i) and to the Bar Association attached to each of the Courts.\n(c) The consent of the persons whose names are included in the panel shall be obtained before empanelling them.\n(d) The panel of names of mediators shall be accompanied by an annexure giving details of the qualification of the mediators and their professional or technical experience in different fields.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Qualifications of persons to be empanelled under Rule-3.",
"chapter": null,
"content": "(a) (i) Retired Judges of the Supreme Court of India.\n(ii) Retired Judges of the High Court.\n(iii) Retired District & Sessions Judges and retired Judges of equivalent status.\n(b) Legal Practitioners with at least fifteen years standing at the Bar at the level of the Supreme Court or the High Court or the District Courts or Courts of equivalent status.\n(c) Expert or other professionals with at least fifteen years standing or retired senior bureaucrats or retired senior executives.\n(d) Institutions which are themselves expert in mediation and have been recognized as such by the High Court provided the names of its members are approved by the High Court initially or whenever there is change in membership.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Disqualifications of persons.",
"chapter": null,
"content": "(i) Any person who has been adjudged as insolvent or is declared of unsound mind; or\n(ii) Any person against whom criminal charged involving moral turpitudes are framed by a Criminal Court and are pending; of\n(iii) Any person who have been convicted by a criminal courts for any offence involving moral turpitude;\n(iv) Any person against whom disciplinary proceedings or charges, relating to moral turpitudes have been initiated by the appropriate disciplinary authority which are pending or have resulted in a punishment.\n(v) Any person who is interested or connected with the subject matter or dispute or is related to any one of the parties or to those represent them, unless such objection is waived by all the parties in writing.\n(vi) Any legal practitioner who has or is appearing for any of the parties in the suit or in any other suit or proceedings.\n(vii) Such other categories of persons as may be notified by the High Court.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Venue for Conducting Mediation.",
"chapter": null,
"content": "(i) Venue of the Lok Adalat or Permanent Lok Adalat.\n(ii) Any place identified by the District Judge within the Court precincts for the purpose of conducting mediation.\n(iii) Any place identified by the Bar Association or State Bar Council for the purpose of mediation, within the premises of the Bar Association or the State Bar Council, as the case may be.\n(iv) Any other place as may be agreed upon by the parties subject to the approval of the Court.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Preference.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Duty of mediator to disclose certain facts.",
"chapter": null,
"content": "(ii) Every mediator shall, from the time of his appointment and throughout continuance of the mediation proceedings, without delay, disclose to the parties in writing about the existence of any of the circumstances referred to in Sub-Rule (i).",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Cancellation of Appointment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Removal or Deletion from Penal*.",
"chapter": null,
"content": "(i) He resigns or withdraws his name from the penal* for any reason;\n(ii) He is declared insolvent or is declared of unsound mind;\n(iii) He is a person against whom criminal charges involving moral turpitude are framed by a Criminal Court and are pending;\n(iv) He is a person who has been convicted by a Criminal Court for any offence involving moral turpitude;\n(v) He is person against whom disciplinary proceedings on charges relating to moral turpitudes have been initiated by appropriate disciplinary authority which are pending or have resulted in a punishment;\n(vi) He exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator;\n(vii) The Court which empanelled, upon receipt of information, if it is satisfied, after conducting such enquiry as is deemed fit, is of the view, that it is not possible or desirable to continue the name of that person in the penal*:\n[* Appears to be a typographical error and may be read as Panel-Ed.]",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Procedure of mediation.",
"chapter": null,
"content": "(b) Where the parties do not agree on any particular procedure to be followed by the mediator, the mediator shall follow the procedure hereinafter mentioned (namely) as follows:\n(i) He shall fix, in consultation with parties, a time schedule, the dates and time of each mediation session, where all parties have to be present;\n(ii) He shall hold the mediation conference in accordance with the provisions of Rule-6.\n(iii) He may conduct joint or separate meetings with the parties;\n(iv) Each party shall, ten days before a session, provide to the mediator a brief memorandum setting forth issues, which according to it, need to be resolved, and its position is respect to those issues, and all information reasonably required for the mediator to understand the issue, such memoranda shall also be mutually exchanged between the parties;\n(v) Each party shall furnish to the mediator, copies of the pleadings or documents or such other information as may be required by him in connection with the issue to be resolved:\n(vi) Each party shall furnish to the mediator, copies of the pleadings or documents or such other information as may be required by him in connection with the issues to be solved.\n(c) Where there is more than one mediator, the nominated by each party shall first confer with the party that nominated him and shall thereafter interact with the other mediator, with a view to resolving the dispute.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Mediator not bound[ed] by Evidence Act, 1872 or Code of Civil Procedure 1908.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Non-attendance of parties at Sessions or Meetings on due dates.",
"chapter": null,
"content": "(ii) If a party fails to attend a Session or a Meeting notified by a mediator, other parties or the mediator can apply to the Court in which the suit is filed, to issues appropriate directions to that party to attend before the mediator and if, the Court finds that a party is absenting himself before the mediator without sufficient reason, the Court may take action against the said party by imposition of costs.\n(iii) The parties not resident in India, may be represented by their counsel or power of Attorney holders at the Sessions or Meetings.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Administrative Assistance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Offer of Settlement by parties.",
"chapter": null,
"content": "(b) Any party to the suit may make a \"with prejudice\" offer, to the other party at any stage of the proceedings, with the notice to the mediator.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Role of Mediator.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Parties alone responsible for taking decision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Time limit for completion of mediation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Parties to act in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Confidentiality, disclosure and inadmissibility of information.",
"chapter": null,
"content": "(ii) When a party gives information to the mediator subject to a specific condition that it is to be kept confidential, the mediator shall not disclose that information to the other party, nor shall the mediator voluntary divulge any information regarding the documents or what is conveyed to him orally as to what transpire during the mediation.\n(iii) Receipt or perusal, or preparation of records, reports or other documents by the mediator, or receipt of information orally by the mediator while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge information regarding the documents nor in regard to the oral information nor to what transpire during the mediation.\n(iv) Parties shall maintain confidentiality in respect of events that transpired during mediation and shall not rely on or introduce the said information in any other proceedings as to:\n(a) Views expressed by a party in the course of mediation proceedings;\n(b) Documents obtained during the mediation which were expressly required to be treated as confidential or other notes, drafts or information given by parties or mediators;\n(c) Proposal made or views expressed by the mediator;\n(d) Admission made by a party in the course of mediation proceedings;\n(e) The fact that a party had or had not indicated willingness to accept a proposal.\n(v) There shall be no stenographic or audio or video recording of the mediation proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Privacy.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Immunity.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Communication between mediator and the Court.",
"chapter": null,
"content": "(ii) If any communication between the mediator and the Court is necessary, it shall be in writing and copies of the same shall be given to the parties or their counsel or power of Attorney holder.\n(iii) Communication between the mediator and the Court shall be limited to communication by the mediator.\n(a) With the Court about the failure of party to attend;\n(b) With the Court with the consent of the parties;\n(c) Regarding his assessment that the case is not suited for settlement through mediation;\n(d) That the parties have settled the dispute or disputes.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Settlement of agreement.",
"chapter": null,
"content": "(ii) The agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the court in which the suit is pending.\n(iii) Where no agreement is arrived at between the parties, before the time limit stated in Rule 18 or where, the mediator is of the view that no settlement is possible, he shall report the same to the said Court in writing.",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Court to fix a date for recording settlement and passing Decree.",
"chapter": null,
"content": "(ii) The Court shall then pass a decree in accordance with the settlement so recorded, if the settlement disposes of all the issues in the suit.\n(iii) If the settlement disposes of only certain issues arising in the suit,'the Court shall record the settlement in respect of those issues settled on the date fixed for recording the settlement, and\n(a) if the issues are severable from other issues and if a decree could be passed to the extent of the settlement covered by those issues, the Court may pass a decree straightway in accordance with the settlement on those issues without waiting for a decision of the Court on the other issues, which are not settled.\n(b) If the issues are not severable, the Court shall wait for a decision of a Court on the other issues which are not settled.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Fee of mediator and cost.",
"chapter": null,
"content": "(ii) As far as possible a consolidated sum may be fixed rather than for each session or meeting.\n(iii) Where there are two mediators as in Clause (b) of the Rule 2, the Court shall fix the fee payable to the mediators which shall be shared equally by the two sets of parties.\n(iv) The expense of the mediation including the fee of the mediator, costs of administrative assistance and other ancillary expenses concerned shall be borne equally by the various contesting parties or as may be otherwise directed by the Court.\n(v) Each party shall bear the costs for production of witnesses on his side including experts, or the production of documents.\n(vi) The mediator may, before the commencement of mediation direct the parties to deposit equal sums, tentatively, to the extent of 40% of the probable costs of the mediation, as referred to in Clauses (i), (iii) & (iv). The remaining 60% shall be deposited with the mediator, after the conclusion of the mediation. For the amount of cost paid to the mediator, he shall issue the necessary receipts and a statement of account shall be filled, by the mediator in the Court.\n(vii) The expenses of mediation including fee, if not paid by the parties, the Court shall, on the application of the mediator or parties, direct the concerned parties to pay, and if they do not pay, the Court shall recover the said amount as if there was a decree for the said amount.\n(viii) Where a party is entitled to Legal Aid under Section 12 of the Legal Services Authority Act, 1987 the amount of fee payable to the mediator and costs shall be paid by the concerned Legal Services Authority under the Act.",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Ethics to be followed by mediator.",
"chapter": null,
"content": "(i) Follow and observe these Rules strictly and with due diligence:\n(ii) Not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of a mediator;\n(iii) Uphold the integrity and fairness of the mediation process;\n(iv) Ensure that the parties involved in the mediation are fairly informed and have an adequate understanding of procedural aspect of the process;\n(v) Satisfy himself/herself that he/she is qualified to undertake and complete the assignment in a professional manner;\n(vi) Disclose any interest or relationship likely to affect impartiality for which might seek an appearance of partiality or bias;\n(vii) Avoid, while communicating with the parties, any impropriety or appearance of impropriety;\n(viii) Be faithful to the relationship of trust and confidentiality imposed in the office of mediator;\n(ix) Conduct all proceedings related to the resolutions of dispute, in accordance with the applicable law;\n(x) Recognize that mediation is based on principle of self-determination by the parties and that mediation process relies upon the ability of parties to reach a voluntary, undisclosed agreement;\n(xi) Maintain the reasonable expectation of the parties as to confidentiality;\n(xii) Refrain from promises or guarantees of results.",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Transitory Provision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
}
],
"metadata": {
"Act ID": "bh518",
"Act Number": "Published vide Notification No. B/Estt. (H.C.)-06-03/2008/5251/J, dated 24th October, 2008",
"Enactment Date": "",
"Act Year": "2008",
"Short Title": "Bihar Civil Procedure (Mediation) Rules, 2008",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}