MOTI RAM Vs. ASHOK KUMAR

JUDGEMENT

(1.) On 31-8-2010 we had referred the matter for mediation to the Mediation Centre at Chandigarh to attempt to resolve the dispute between the parties. Today, when the matter was called out, our Court Secretary placed before us the report dated 29-9-2010 received from the mediator, which is as follows:

(2.) In this connection, we would like to state that mediation proceedings are totally confidential proceedings. This is unlike proceedings in court which are conducted openly in the public gaze. If the mediation succeeds, then the mediator should send the agreement signed by both the parties to the court without mentioning what transpired during the mediation proceedings. If the mediation is unsuccessful, then the mediator should only write one sentence in his report and send it to the court stating that the "mediation has been unsuccessful". Beyond that, the mediator should not write anything which was discussed, proposed or done during the mediation proceedings. This is because in mediation, very often, offers, counter offers and proposals are made by the parties but until and unless the parties reach to an agreement signed by them, it will not amount to any concluded contract. If the happenings in the mediation proceedings are disclosed, it will destroy the confidentiality of the mediation process.

(3.) We are compelled to observe this because the mediators should know what kind of reports they should send to the courts. The report sent in this Court should not have mentioned the proposals made by the parties, but should only have stated that the mediation was unsuccessful.