valid as on 23/05/2024

28.1.28: The Companies (Mediation and Conciliation) Rules, 2016

28. Ethics to be followed by the Mediator or Conciliator

The mediator or conciliator shall-

(a) follow and observe the rules strictly and with due diligence;

(b) not carry on any activity or conduct which shall reasonably be considered as conduct unbecoming of a mediator or conciliator;

(c) uphold the integrity and fairness of the mediation or conciliation process;

(d) ensure that the parties involved in the mediation or conciliation are fairly informed and have an adequate understanding of the procedural aspects of the process;

(e) satisfy himself or herself that he or she qualified to undertake and complete the assignment in a professional manner;

(f) disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias;

(g) avoid while communicating with the parties, any impropriety or appearance of impropriety;

(h) be faithful to the relationship of trust and confidentiality imposed in the office of mediator or conciliator;

(i) conduct all proceedings related to the resolutions of a dispute, in accordance with the relevant applicable law;

(j) recognise that the mediation or conciliation is based on principles of self- determination by the parties and that the mediation or conciliation process relies upon the ability of the parties to reach a voluntary, undisclosed agreement; and

(k) maintain the reasonable expectations of the parties as to confidentiality and refrain from promises or guarantees of results.

Provided that if any party finds conduct of mediator or conciliator violative of ethics laid down in this rule, the party may immediately bring it to the notice of the Regional Director.

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