1.1 The Jupitice Digital Bench ("The Digital Platform") is an independent Body or a Division of Jupitice Justice Technologies Private Limited.

1.2 The Digital Platform does not resolve disputes independently. It administers the resolution of disputes through Mediator(s), in accordance with the Jupitice Online Administered Mediation Rules (the "Rules") via the digital platform.

1.3 These Rules shall govern online Mediation proceedings relating to any disputes between them in respect of a defined legal relationship, whether contractual or not, wherein a Mediation clause or Mediation agreement (whether entered into before or after a dispute has arisen) either, (a) provides for these Rules to apply or (b) provides for Mediation "administered by The Digital Platform" subject to such modifications as the parties may agree in writing before or during the course of proceedings, except in cases, where any of these Rules are in conflict with any provision of the law applicable to the Mediation proceedings from which the parties cannot derogate, that provision shall prevail.

1.4 The Jupitice Administrator may from time to time issue practice notes and guidelines to supplement, regulate and implement these Rules.

1.5 By agreeing to Mediation in accordance with Article 1.2, the parties accept that the Jupitice Administrator shall administer the Mediation proceedings and the Mediation proceedings shall be performed on the Digital Platform.

1.6 For the avoidance of any doubt, these Rules shall not govern the Mediation proceeding and the outcome thereof, where a Mediation agreement provides for Mediation under other rules, including any other rules adopted by Jupitice from time to time.

1.7 These rules shall come into force on 14th May, 2021 and shall apply to all the Mediation falling within Article 2.21 in which the Request/Invitation for Mediation is submitted on or after that date.

1.8 All the aspects of the Mediation proceedings shall be accomplished electronically via Digital Platform.

1.9 The Jupitice Administrator is the final authority for the proper application of the Rules & to administer mediation under the rules. Its principal functions include appointment of Mediators, determining challenges to Mediators and seamless operation of the proceedings on the digital platform.

1.10 The Digital Platform is assisted in its work by The Administration Department (including Registrar or any Deputy Registrar) of the Digital Platform headed by Jupitice Administrator who is responsible for day to day administration of all disputes referred to the Digital Platform.

1.11 The Digital Platform is also assisted in its work by the "Jupitice Advisory Board" (the "JAB") consisting of many legal luminaries and dignitaries including Judges, Arbitrators, Mediators and Eminent Lawyers.

1.12 All communications pertaining to the Mediation proceedings made to the Digital Platform by any Party or the Mediator, or to each other shall be addressed to the Jupitice Administrator or the Jupitice Registrar or Deputy Registrar as the case may be.

2.1 "Agreement to Mediate" means an agreement, whether written or oral or any other form of agreement, executed by the parties, to mediate any dispute, specifying the appointment of mediator, language of mediation and other procedural rules and laws adopted by the parties for conducting the Mediation Proceedings.

2.2 "Additional Party" includes one or more additional parties and references to "party" or "parties" and may include the Requesting and the Responding Party and/or an additional party to the dispute.

2.3"Case Manager" shall mean the individual appointed by the digital platform to provide administrative and secretarial services to the parties and the Arbitral Tribunal for a particular case.

2.4 "Communication" means any communication (including a statement, declaration, demand, notice, response, submission, notification, request and any other action(s) relating to mediation made by means of information generated, sent, received or stored by electronic, magnetic, optical or similar means via digital platform.

2.5 "Communication" shall be deemed to have been received when, Jupitice Administrator or his designate notifies the parties and Mediator of its availability, in accordance with paragraph 2.4.

2.6 The "Jupitice Administrator" or his designate shall forthwith notify a party and/ or the Mediator on the receipt of any communication directed to that party and/ or the Mediator at the digital platform.

2.7 The "Jupitice Administrator" or his designate shall forthwith notify all parties and the Mediator of the commencement and conclusion of the Mediation proceedings as the case may be.

2.8 "Dispute" means any civil or commercial dispute.

2.9 "Digital Platform" shall have the power to interpret all provisions of these Rules. The Neutrals/Mediators shall interpret the Rules in-so-far as they relate to their powers and duties hereunder. In the event of any inconsistency between such interpretation and any interpretation by The Digital Platform, Neutral's/Mediators interpretation shall prevail.

2.10 Digital Platform holds no responsibility whatsoever, to specify the steps taken or give reasons for any decision it makes in respect of any Mediation commenced under these Rules. Unless otherwise determined by the Digital Platform, all decisions made by the Digital Platform under these rules are final and, to the extent permitted by The Mediation Act 2023 or any law applicable, not subject to appeal.

2.11 "Domestic Mediation" means Mediation of any dispute which is considered civil, community, relationship, contractual or commercial in nature or any disputes arising out of offenses which are compoundable in nature, between parties in India, or any assisted deal-making between parties in India.

2.12 "Electronic Address" means an information system, or portion thereof, designated by the parties to the online dispute resolution process to exchange communications related to that process.

2.13 "International Commercial Mediation" means a Mediation relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is:

• An individual who is a national of, or habitually residing in any country other than India; or
• A body corporate, which is incorporated in any country other than India; or
• An association or a body of individuals or a partnership firm, whether incorporated or not, whose central management and control is exercised in any country other than India; or
• The Government of a foreign country.

2.14 "Jupitice Administrator" shall mean a technology-based intermediary (entity) that owns, operates and manages Digital Platform to appoint, administer, coordinate and facilitate Online Mediation proceedings between disputing parties and Neutrals under these Rules.

2.15 "Jupitice Administrator" has no obligation to give reasons for any decision it makes in respect of any Mediation commenced under these Rules. Unless otherwise determined by the Jupitice Administrator, all decisions made by the Jupitice Administrator under these rules are final and, to the extent permitted by any applicable law, not subject to appeal.

2.16 "Jupitice Administrator" shall have the power to interpret all provisions of these Rules. The Neutrals shall interpret the Rules in-so-far as they relate to its powers and duties hereunder. In the event of any inconsistency between such interpretation and any interpretation by Jupitice Administrator, the interpretation of the Neutral shall prevail.

2.17 "Jupitice Administrator" may from time to time issue code of conduct, guidance notes, standard operating procedures etc., to supplement, regulate and implement these Rules for the purpose of facilitating the administration of arbitrations governed by these Rules.

2.18 "Digital Platform" means a dedicated digital system for generating, sending, receiving, storing, exchanging or otherwise processing communications in a manner that ensures data security under these Rules, to handle Mediation cases online and for the parties to conduct its proceedings.

2.19 "Jupitice Advisory Board" is an independent body available on the platform which is composed of, but not limited to qualified & experienced professionals from legal, financial and technical fields that assists the Jupitice Administrator with respect to. any matter that relates to but not limited to the decision on number of Mediators, appointment of Mediators, confirmations of Mediators, decision on the challenge of Mediators, replacement of Mediators, assistance in fixing the fees of Mediators, participation in the review mechanism on the costs & fees, advisory comments regarding deposits, approval of ADR professionals to be listed on the Panel maintained through Online Marketplace.

2.20 "Language" includes one or more languages.

2.21 "Mediation" means an Online Mediation Mechanism for resolving disputes through the use of electronic communications, information & communication technology and other technologies via Digital Platform.

2.22 "Mediator/Neutrals" means an individual who is appointed to mediate and to assist the parties in dispute to reach a mutually acceptable agreement to resolve the dispute or for assisted deal-making.

2.23 "Mediated Settlement Agreement" in relation to mediation, means an agreement in writing reached by some or all of the parties to Mediation, settling the dispute in whole or in part, or finalizing the terms of the deal and signed by the parties and the Mediator.

2.24 "Mediation Session" means a meeting arranged as under these Rules, between the Mediator and one or more of the parties to the dispute, and includes any activity undertaken to arrange or prepare for such a meeting, whether or not the meeting takes place; and includes any follow up on any matter or issue raised in such a meeting. Such Mediation Sessions shall be conducted via Video Conferencing or any other electronic means via the digital platform.

2.25 "Mediation Sessions" may include "Joint Sessions" which shall include all the parties and the Mediator and the "Private or Caucus Session", which shall include the Mediator and any one party or group of parties.

2.26 "Online Mediation Mechanism" means the conduct of End-to-End Online Mediation Proceedings that are performed via digital platform that includes, but not limited to, filing to conduct proceedings to reach a final settlement agreeable by the parties involved in such dispute(s).

2.27 "Panel" means the roster of Mediators maintained by The Digital platform through its Global Online Marketplace to ensure independence & impartiality.

2.28 "Registrar" means the Registrar of Jupitice and includes any Deputy Registrar.

2.29 "Requesting Party" means any Party initiating online Mediation proceedings under these Rules and includes one or more parties.

2.30 "Responding Party" means any Party to whom Notice is served under these Rules and includes one or more parties.

2.31 "Signature" means an electronic signature.

2.32 "Settlement Agreement" means an agreement that is electronic or made through any other medium electronically, that includes final terms of settlement between the parties to the dispute.

2.33 "Witness" includes one or more experts.

2.34 These Rules include all the Schedules attached thereto, as amended from time to time by the Jupitice Administrator, that is in force on the date, the Request/Invitation of Mediation is submitted.

2.35 The Jupitice Administrator may from time to time issue code of conduct, guidance notes etc. to supplement, regulate and implement these Rules for the purpose of facilitating the administration of Mediations governed by these Rules.

2.36 English is the original language of these Rules. In the event of any discrepancy or inconsistency between the English version and the version in any other language, the English version shall prevail.

2.37 Unless the context states or requires otherwise, words in the singular shall include the plural and vice versa.

2.38 A reference to a gender includes all other genders.

2.39 Words not defined in these Rules shall be understood as per their ordinary English meaning.

COMMUNICATIONS

3.1 "Communication" means any communication (including a statement, declaration, demand, notice, response, submission, notification, request or any other action(s) relating to Mediation) made by means of information generated, sent, received or stored by electronic, magnetic, optical or similar means via the Digital Platform.

3.2 All communications in the course of Mediation proceedings shall be communicated to the Jupitice Administrator via the Digital Platform.

COMMENCEMENT WHERE THERE IS AN AGREEMENT TO REFER TO THE RULES

4.2 Where there is an agreement between the parties to refer their dispute to the rules, any party or parties wishing to commence Mediation pursuant to the Rules shall file a written Request for Mediation ("the Request") with Jupitice Administrator. The Request shall include:

• the contact details of the parties to the dispute and of any person(s) representing the parties in the Proceedings;
• a description of the dispute including, if possible, an assessment of its value;
• any agreement as to the time limits for conducting the mediation, or, in the absence thereof, any proposal with respect thereto;
• any agreement as to the language(s) of the Mediation, or, in the absence thereof, any proposal to such language(s);
• any agreement and the Governing Law and Jurisdiction,
• any joint nomination by the parties of a Mediator or any agreement of all of the parties as to the attributes of a Mediator to be appointed by the Jupitice Administrator where no joint nomination has been made, or, in the absence of any such agreement, any proposal as to the attributes of a Mediator;
• a copy of any written agreement under which the Request is made.

4.3 Together with the Request, the party or parties filing the Request shall pay the filing fee required by the Appendix hereto in force on the date the request is filed on the Digital Platform.

4.4 The Jupitice Administrator or his designate shall prompt all other parties of the availability of such communication on the Digital Platform unless the Request has been filed jointly by all parties. Upon receipt of such communication, the Jupitice Administrator shall promptly notify all other parties about the Request made unless the Request has been filed jointly by all the parties.

4.5 The Jupitice Administrator or his designate shall acknowledge receipt of the Request and of the filing fee in writing to the parties.

4.6 Where there is an agreement to refer to the Rules, the date on which the request is received by the Jupitice Administrator shall, for all purposes, be deemed to be the date of the commencement of the Proceedings.

4.7 Where the parties have agreed to a time limit for settling the dispute pursuant to the Rules, the same shall commence from the filing of a Request, such filing, for the exclusive purpose of determining the starting point of the time limit, shall be deemed to have been made on the date the Jupitice Administrator or his designate acknowledges receipt of the Request or of the filing fee, whichever is later.

COMMENCEMENT WHERE THERE IS NO PRIOR AGREEMENT TO REFER TO THE RULES

5.1 In the absence of an agreement between the parties to refer their dispute to the Rules, any party that wishes to refer the dispute, in accordance with the Rules, to another party, may do so by sending a written Invitation to Jupitice Administrator. Upon receipt of such an invitation, the Jupitice Administrator or his designate will inform all other parties of the proposal and may assist the parties in considering such proposal.

5.2 Along with the Invitation, the party or parties filing the request shall pay the filing fee required by the Appendix hereto in force on the date the Invitation is filed.

5.3 Where the parties reach an agreement to refer their dispute to the rules, the Proceedings shall commence on the date the Jupitice Administrator notifies the parties that such an agreement has been reached.

5.4 Where the parties do not reach an agreement to refer their dispute to the Rules within 7 days from the date of the receipt of the Invitation received by the Jupitice Administrator or within such additional time as may be reasonably determined by the Jupitice Administrator, then the Proceedings shall not commence.

5.5 The party or parties who receive an Invitation for mediation shall notify the Jupitice Administrator within 7 days after receipt of the request. However, if the parties fail to reply within 7 days of the Invitation made, the same shall be treated as a refusal to mediate.

LANGUAGE(S) OF THE MEDIATION

6.1 In the absence of an agreement between the parties, the Jupitice Administrator may determine the language(s) in which the Mediation shall be conducted or may invite the Mediator to do so after the Mediator has been confirmed or appointed.

COMMENCEMENT OF THE MEDIATION

7.1 The Mediation shall commence on the date when a request for Mediation is made to the Centre under these Rules by a party, under an agreement to mediate. The Mediation shall commence, in all other cases, on the date of the first Mediation session.

7.2 The Mediator shall fix the date and time of each Mediation session. The Mediation shall be held online via Digital Platform.

REPRESENTATION

8.1 The parties may be represented or assisted by persons of their choice. Each party shall have full authority to settle the matter or make a deal, before the Mediator. The parties shall confer upon their representatives the necessary authority to settle such dispute(s) or to make any deal(s) necessary to settle such disputes.

8.2 If any of the parties are not able to be present personally, they can be represented through their authorized persons or power of attorney holders. Any officer, partner or other employee authorized to take decisions on behalf of the party concerning the dispute may also represent the party during the Mediation proceedings.

8.3 Counsels/ consultants/ advisers for each party or experts in the subject matter or any third party who can assist the process can attend mediation proceedings, if allowed by the mediator and with the consent of the parties. Such Counsels/ consultants/ advisers for each party or experts in the subject matter or any third party shall sign a declaration of confidentiality.

8.4 If any of the parties is assisted by a Counsel/ Consultant/ Adviser, the other party shall also be entitled to such assistance by a Counsel/ Consultant/ Adviser.

8.5 The names, addresses, phone numbers and emails of all parties to the dispute or deal, and those who will represent them, should be furnished to the Jupitice Administrator and exchanged between the parties immediately after appointment of the Mediator.

SELECTION OF THE MEDIATOR

9.1 The parties may jointly nominate a Mediator for confirmation by the Jupitice Administrator.

9.2 In the absence of a joint nomination of a Mediator by the parties, the Jupitice Administrator shall, after consulting the parties, either appoint a Mediator or propose a list of Mediators to the parties. All of the parties may jointly nominate a Mediator from the said list for confirmation by the Jupitice Administrator, failing which the Jupitice Administrator shall appoint a Mediator.

9.3 Once the appointment is made, a prospective Mediator shall sign a statement of acceptance, availability, impartiality and independence. The prospective Mediator shall disclose in writing to Jupitice Administrator any facts or circumstances which might be of such a nature as to call into question the Mediator's independence in the eyes of the parties, as well as any circumstances that could give rise to reasonable doubts as to the Mediator's impartiality. Jupitice Administrator shall provide such information to the parties in writing and shall fix a time limit for any comments from them.

9.4 When confirming or appointing a Mediator, the Jupitice Administrator or his designate shall consider the prospective Mediator's attributes, including but not limited to nationality, language skills, training, qualifications and experience, and the prospective Mediator's availability and ability to conduct the Mediation in accordance with the Rules.

9.5 The Jupitice Administrator or his designate shall make all reasonable efforts to appoint a Mediator having the above mentioned attributes, if any, which have been agreed upon by all of the parties. If any party objects to the appointment of the Mediator and notifies Jupitice Administrator and all other parties in writing, stating the reasons for such objection, within 07 days of receipt of notification of such appointment, the Jupitice Administrator shall appoint another Mediator.

9.6 Upon agreement of all of the parties, the parties may nominate more than one Mediator or request the Jupitice Administrator to appoint more than one Mediator, in accordance with the provisions of the Rules. In appropriate circumstances, the Jupitice Administrator may propose to the parties that there be more than one Mediator after assessing the dispute. In such cases, the appointed mediators may be called co-mediators.

FEES AND COSTS

10.1 The party or parties filing a Request shall include with the Request, the non-refundable filing fee, as set out in the Appendix hereto. No Request shall be processed unless accompanied by the filing fee.

10.2 Following the receipt of a Request, Jupitice Administrator may request that the party filing the Request to pay a deposit to cover the administrative expenses of Jupitice Administrator.

10.3 Following the commencement of the proceedings, Jupitice Administrator shall request the parties to pay one or more deposits to cover the administrative expenses of Jupitice Administrator and the fees and expenses of the Mediator, as set out in the Appendix hereto.

10.4 Jupitice Administrator may stay or terminate the proceedings under the Rules, if any requested deposit is not paid.

10.5 Upon termination of the proceedings, Jupitice Administrator shall fix the total costs of the proceedings and shall, as the case may be, reimburse the parties for any excess payment or bill the parties for any balance required, pursuant to the Rules.

10.6 With respect to the proceedings that have commenced under the Rules, all deposits requested and costs fixed shall be borne in equal shares by the parties, unless they agree otherwise in writing. However, any party shall be free to pay the unpaid balance of such deposits and costs should another party fail to pay its share.

10.7 A party’s any other expenditure shall remain the responsibility of that party, unless otherwise agreed upon by the parties.

CONDUCT OF THE MEDIATION

11.1 The Mediator shall conduct the Mediation in accordance with Part III of the Arbitration and Conciliation Act, 1996, if applicable, or under any other applicable law.

11.2 In the absence of any agreement between the parties on these aspects, the Mediator, in consultation with the parties and based on their convenience, may organize Mediation sessions on the digital platform according to the procedure agreed upon by the parties involved.

11.3 After such discussion, the Mediator shall promptly communicate to Jupitice Administrator a written note for notification to all the parties informing them of the manner in which the Mediation shall be conducted. Each party, by agreeing to refer a dispute to the Rules, agrees to participate in the proceedings at least until receipt of such note from the Mediator or earlier termination of the proceedings.

11.4 The Mediator shall facilitate communications, discussions and negotiations between the parties, to enable them to understand the issues and reach a settlement of their disputes.

11.5 A settlement at mediation is voluntary and the parties alone are responsible for taking decisions on the settlement in the Mediation.

11.6 Upon commencement of the mediation, parties shall not approach any court or competent authority with respect to the issues forming the subject matter of the mediation, except for the purposes of obtaining any interim orders or measures that may be necessary to secure, protect or preserve the rights of one or more of the parties.

11.7 The Mediator shall not act as an Arbitrator, Judicial Authority, Representative or Counsel of a party in any subsequent Arbitration or judicial proceedings in respect of the disputes mediated by her.

11.8 The Mediator may invite as a party to the Mediation, any person who is interested in any or all of the issues in relation to the disputes or in its settlement, with consent of all parties and of the new party concerned.

11.9 The Mediator may meet with the parties in both Joint and Separate Sessions. Separate Sessions with one or some of the parties may be scheduled by the Mediator if requested by the parties, or when considered necessary by the Mediator.

11.10 In establishing and conducting the Mediation, the Mediator shall be guided by the wishes of the parties and shall treat them with fairness and impartiality.

11.11 Each party shall act in good faith throughout the Mediation.

INTERPRETATION AND APPLICATION OF THE RULES

12.1 The Mediator will interpret and apply these Rules in so far as they relate to the Mediator’s duties and responsibilities. All other procedures will be interpreted and applied by the Jupitice Administrator.

GOVERNING LAW AND JURISDICTION

13.1 The Mediation shall be governed by, construed and take effect in accordance with the Mediation Act 2023. The courts of the state accordingly have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the Mediation.

TERMINATION OF THE PROCEEDINGS

14.1 Proceedings which have been commenced pursuant to the Rules shall terminate upon written confirmation of termination by Jupitice Administrator to the parties after the occurrence of the earliest of:

• the signing by the parties of a Settlement Agreement;
• the notification in writing made to the Mediator by any party, at any time after it has received the Mediator’s note, that such party has decided no longer to pursue the Mediation;
• the notification in writing by the Mediator to the parties that the Mediation has been completed;
• the notification in writing by the Mediator to the parties that, in the Mediator’s opinion, the Mediation will not resolve the dispute between the parties;
• the notification in writing by Jupitice Administrator to the parties that any time limit set for the proceedings, including any extension thereof, has expired;
• the notification in writing by Jupitice Administrator to the parties, not less than seven days after the due date for any payment by one or more parties pursuant to the Rules, that such payment has not been made; or
• the notification in writing by Jupitice Administrator to the parties that, in the judgment of Jupitice Administrator, there has been a failure to nominate a Mediator or that it has not been reasonably possible to appoint a Mediator.

SETTLEMENT AGREEMENT

15.1 Any Settlement Agreement reached in the course of Mediation shall be in writing and signed physically by or on behalf of the parties.

15.2 For the avoidance of doubt, a Settlement Agreement may take the form of an electronic record, and can be signed by electronic signature.

15.3 Where any Settlement Agreement has been reached, the Mediator shall promptly notify Jupitice Administrator of the same.

15.4 A Settlement Agreement may be recorded substantially in the format as available on the digital platform.

PRIVACY, CONFIDENTIALITY & VOLUNTARINESS

16.1 In the absence of any agreement between the parties to the contrary and unless prohibited by applicable law:

• the proceedings, but not the fact that they are taking place, have taken place or will take place, are private and confidential;
• b) any Settlement Agreement between the parties shall be kept confidential, except that a party shall have the right to disclose it to the extent that such disclosure is required by applicable law or necessary for purposes of its implementation or enforcement.

16.2 Unless required to do so by applicable law and in the absence of any agreement of the parties to the contrary, a party shall not in any manner produce as evidence in any judicial or similar proceedings:

• any documents, statements or communications which are submitted by another party or by the Mediator in or for the proceedings, unless they can be obtained independently by the party seeking to produce them in the judicial, arbitral or similar proceedings;
• any views expressed or suggestions made by any party within the proceedings with regard to the dispute or the possible settlement of the dispute;
• any admissions made by another party within the proceedings;
• any views or proposals put forward by the Mediator within the proceedings; or
• the fact that any party indicated within the proceedings that it was ready to accept a proposal for a settlement.

16.3 No persons other than the parties, their representatives, their advisors, and the Mediator may attend the Mediation, except with the permission of the parties and the Mediator. No third-party shall be allowed to attend the Mediation sessions without the due consent of the parties and the Mediator. Explanation — For the avoidance of any doubt, it is clarified that if the Mediator wishes, (s)he could take the assistance of a Case Manager or Jupitice staff, designated by him/her, for clerical assistance, provided such person also signs a declaration of confidentiality.

16.4 There shall be no transcript or formal record of the Mediation, save for that which may be necessary to record any Settlement Agreement.

16.5 Mediation is a private, confidential and voluntary process. The parties may withdraw from the Mediation at any time by informing the Mediator and all other parties without being required to give any justification for doing so.

16.6 Every document, communication or information disclosed, or produced by any party for the purpose of or related to the Mediation process shall be disclosed on a privileged and without prejudice basis and no privilege or confidentiality shall be waived by such disclosure. Confidentiality also extends to the Mediated Settlement Agreement except where its disclosure is necessary for implementation or enforcement.

16.7 The Mediation shall be conducted in confidence, and no transcript or formal record shall be made. No audio-visual recording shall be made of the proceedings. Only the Mediator, the parties and/or their representatives and advisers and Case Manager/Jupitice staff as required shall be permitted to be present during Mediation.

TIME FRAME FOR MEDIATION

17.1 Unless otherwise agreed upon by the parties, the Mediator shall use his/her best endeavors to conclude the Mediation within 120 days of his/her appointment. The period for mediation mentioned, may be extended for a further period as agreed by the parties, but not exceeding 60 days.

ROLE OF MEDIATOR

18.1 The Mediator shall inform the parties about the process of Mediation and in particular explain to the parties that the Mediation is voluntary and that the discussions in the Mediation proceedings are confidential as provided in the Jupitice Administered Mediation Rules, before beginning of the Mediation process. The Mediator shall explain the scope and extent of confidentiality provided in any private session that the Mediator holds with a party. It is the duty of the Mediator to ensure that all the parties understand the nature of the process of Mediation and the particular role of the Mediator.

18.2 The Mediator may conduct the Mediation in such manner, as he or she considers appropriate, taking into account the circumstances of the case, the wishes of the parties and the need for a speedy settlement of the dispute or for an effective deal making. The Mediator shall inform the parties that the outcome of the Mediation will only be determined by what is mutually agreed between/among the parties.

18.3 The Mediator is not bound by the law of procedure or Evidence Act.

18.4 The Mediator shall be guided by the principles of fairness and justice and shall be bound by the Professional Code of Conduct established by Jupitice.

18.5 The Mediator may, with the consent of parties, obtain the service of experts, who can assist the Mediator or the parties in helping to resolve the dispute or understanding the subject matter of the dispute or deal. The expert shall enter into a confidentiality agreement while participating in the Mediation process. The parties shall bear the expenses incurred for obtaining such service.

18.6 The Mediator shall disclose the substance of all information concerning the dispute or deal which (s)he receives from one party, to the other party and the other party shall be given opportunity to present explanations. Provided that, when a party gives information to the Mediator subject to a specific condition that it be kept confidential, the Mediator shall not disclose that information to the other party. Provided further that, when such information which has been disclosed as confidential relates to such information, revealing or relating to:

Mediator may inform the party giving such information that (s)he is not bound by confidentiality and ascertain whether such information is genuine. The Mediator may weigh the gravity of such information and decide whether (s)he needs to disclose the information to the opposite side or not, or whether (s)he need to withdraw from Mediation

18.7 The Mediator shall attempt to facilitate voluntary resolution of the dispute by the parties, and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of settlement and generating options in an attempt to resolve the dispute, emphasizing that it is the responsibility of the parties to take decision which affect them; and that (s)he shall not impose any terms of settlement on the parties.

18.8 The Mediator shall attempt to facilitate voluntary discussion by the parties, and communicate with each party assisting them in clarifying priorities, reducing misunderstandings, exploring areas of mutual benefits and generating options in an attempt to make the deal, emphasizing that it is the responsibility of the parties to take decision which affect them; and that (s)he shall not impose any terms on the parties.

18.9 Subject to the confidentiality of Mediation, the Mediator may withdraw from Mediation at any time during Mediation by Notice in writing given to the parties stating the Mediator's general reasons for the withdrawal.

Provided, the withdrawal by the Mediator from Mediation shall not by itself prevent the Mediator from again becoming the Mediator in that Mediation.

18.10 The Mediator shall not in any circumstances:

• render any 'decision' or make any ruling or record any finding in respect of the dispute/s; or
• impose any terms of settlement on the parties; or
• give any assurance that the Mediation shall result in a settlement.

ROLE OF PARTIES

19.1 The Mediator may communicate with the parties together in Joint Sessions or with parties separately in Caucus or Private Sessions, and each party shall cooperate with the Mediator. The parties shall give full assistance to enable the Mediation to proceed and be concluded within the time stipulated.

The term "Parties" may include their respective Counsels/ Consultants/ Advisers.

19.2 The parties must understand that the Mediator only facilitates in arriving at a decision to resolve disputes or make a deal and does not give any guarantee that the Mediation will result in a settlement or deal.

19.3 Each party may at his/her/its own initiative or at the invitation of the Mediator, give suggestions for settlement of the dispute or for making the deal and the outcome of the Mediation shall be determined by the mutual agreement of the parties and the Mediator shall not make proposals or impose any decisions to the parties to resolve the dispute or make any deal.

Provided, the Mediator, at the request of all the parties, may at his/her sole discretion, consider making evaluative suggestions or proposals, but it shall be for the parties to determine whether to accept such suggestions or proposals.

19.4 While no one can be compelled to commit to resolve the case or make a deal in Mediation, all parties shall commit to participate in the proceedings in good faith with the intention to settle the disputes or make a deal. Participation in mediation shall be voluntary at all times.

19.5 A party may —

• withdraw from the Mediation at any time during the Mediation,
• be accompanied to the Mediation, and assisted by, a person (including a Counsel, Consultant or Adviser) who is not a party, or
• obtain independent legal advice at any time during the Mediation.

19.6 A party or parties may terminate the appointment of a Mediator for any reason and shall inform the Mediator the reason for the termination and appoint another Mediator or request the Jupitice Administrator to appoint another Mediator.

ROLE OF JUPITICE

20.1 The Jupitice Administrator shall make the necessary arrangements for Mediation, including:

• Appointing the Mediator, if so required;
• Organizing an exchange of the pre-mediation submission or any such submissions, if any; and
• Providing general administrative support, including giving online support for conducting the Mediation Proceedings.

20.2 The Jupitice Administrator, together with the Mediator, shall assist in drawing up the Mediated Settlement Agreement, if necessary.

MEDIATOR'S ROLE IN SUBSEQUENT PROCEEDINGS

21.1 The parties undertake that the Mediator shall not be appointed as Adjudicator, Arbitrator or Representative, Counsel or Expert Witness of any party in any subsequent Adjudication, Arbitration or Judicial proceedings whether arising out of dispute covered under Mediation or any other dispute in connection with the same contract.

21.2 No party shall be entitled to call the Mediator as a witness in any subsequent Adjudication, Arbitration or Judicial proceedings arising out of the same contract.

22.1 All parties recognize that at the Mediation session(s) and at every other point of the proceedings —

• Neither the Jupitice Administrator nor the Mediator shall be acting as a Legal Adviser or Legal Representative for any of the parties.
• Neither the Jupitice Administrator nor the Mediator has a duty to assert, analyze or protect any party's legal rights or obligations, including lien rights, statutes of limitation, or any other time limit or claim requirement.
• Neither the Jupitice Administrator nor the Mediator has a duty to make an independent expert analysis of the situation, raise issues not raised by the parties or determine that additional necessary parties should participate in Mediation.
• Neither the Jupitice Administrator nor the Mediator can guarantee that a Mediation Session will result in a settlement or deal.

22.2 Parties may be represented by a Counsel/ Consultant/ Adviser at any stage of the Mediation process, and are encouraged to take Legal Advice concerning the proceedings or any proposed Settlement Agreements.

EXCLUSION OF LIABILITY

23.1 The parties identify and expressly release, discharge and indemnify the Jupitice Administrator and the Mediator from and against any and all liability whatsoever in respect of the Mediation proceedings.

23.2 No Mediator shall be summoned by any party to appear in a Court of law to testify in regard to information received or action taken or in respect of drafts or records prepared or shown to him/her during the Mediation proceedings.

ACTION AGAINST THE MEDIATOR

24.1 If any of the parties feel that the Mediator is guilty of violation of the Professional Code of Conduct established by Jupitice, they shall within a period of 30 days initiate the Justice Administrator about its economic status into

JURISDICTION

25.1 Any party agreeing to Mediation under or in accordance with the Jupitice Rules irrevocably agrees that the territorial jurisdiction of the court or tribunal of competent jurisdiction courts of India shall have exclusive jurisdiction to hear and decide any action, suit or proceedings between that party and Jupitice Justice Technologies (including its officers, members and employees), the JAB, any Mediator, and/or any expert appointed, which may arise out of or in connection with any such Mediation and, for these purposes, each party irrevocably submits to the jurisdiction of the courts having relevant territorial jurisdiction in India.

26.1 Unless all of the parties have agreed otherwise in writing or unless prohibited by applicable law, the parties may commence or continue any judicial, arbitral or similar proceedings in respect of the dispute, notwithstanding the proceedings under the Rules.

26.2 Unless all of the parties agree otherwise in writing, a Mediator shall not act nor shall have acted in any Judicial, Arbitral or similar proceedings relating to the dispute which is or was the subject of the proceedings under the Rules, whether as a Judge, an Arbitrator, an Expert or a Representative or Advisor of a party.

26.3 Unless required by applicable law or unless all of the parties and the Mediator agree otherwise in writing, the Mediator shall not give testimony in any judicial, Arbitral or similar proceedings concerning any aspect of the proceedings under the Rules.

26.4 The Mediator, the Jupitice Administrator, and its employees, and representatives shall not be liable to any person for any act or omission in connection with the proceedings, in all matters not expressly provided for in the Rules, the Jupitice Administrator and the Mediator shall act in the spirit of the Rules.

• Unless otherwise agreed by the parties, all costs of mediation, including the fees of the mediator and the charges of the mediation service provider shall be borne equally by the parties.
• Filing Fee to Jupitice ADR Institute
• Mediator's Fee