"Mediator or conciliator facilitates in arriving a decision to resolve the dispute and that he shall not and cannot impose any settlement." In background of this statement, explain who is responsible to take a decision u

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2022
"Mediator or conciliator facilitates in arriving a decision to resolve the dispute and that he shall not and cannot impose any settlement." In background of this statement, explain who is responsible to take a decision under Companies (Mediation and Conciliation) Rules, 2016 and what is the time limit for completion of mediation or conciliation.

Answer & Explanation:

Rule 18 of the Companies (Mediation and Conciliation) Rules, 2016 provides that the parties shall be made to understand that the mediator or conciliator facilitates in arriving a decision to resolve the dispute and that he shall not and cannot impose any settlement nor the mediator or conciliator give any assurance that the mediation or conciliation shall result in a settlement and the mediator or conciliator shall not impose any decision on the parties. In accordance with the abovementioned rule, parties alone shall be responsible for making decision. Time limit for completion of mediation or conciliation is provided vide Rule 19 of Companies (Mediation and Conciliation) Rules, 2016 which is as under: The process for any mediation or conciliation under these rules shall be completed within a period of three months from the date of appointment of expert or experts from the Panel. On the expiry of three months from the date of appointment of expert from the Panel, the mediation or conciliation process shall stand terminated. In case of mediation or conciliation in relation to any proceeding before National Company Law Tribunal (NCLT) or National Company Law Appellate Tribunal (NCLAT) which could not be completed within three months, the NCLT or as the case may be NCLAT, may on the application of mediator or conciliator or any of the party to the proceedings, extend the period for mediation or conciliation by such period not exceeding three months.

Topics: Companies (Mediation and Conciliation) Rules, 2016

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