[2010] 14 (ADDL.) S.C.R. 809
MOTi RAM (D) THR. LRS. & ANR.
v.
ASHOK KUMAR & ANR.
(Civil Appeal No. 1095 of 2008)
DECEMBER 7, 2010
[MAKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.]
A
B
ALTERNATIVE DISPUTE REDRESSAL - Mediation -
Landlord-tenant matter pending before Supreme Court,
referred to Mediator - Mediation remained unsuccessful -
C
Report by mediator - HELD: Unlike the proceedings in court,
mediation proceedings are totally confidential proceedings -
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
D
- Otherwise, the mediator should send his report only stating
that the 'Mediation has been unsuccessful, and nothing else
- Code of Civil Procedure, 1908 - s.89 (2).
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
1095 of 2008.
From the Judgment & Order dated 19.10.2007 of the High
Court of Punjab & Haryana at Chandigarh in RSA No. 1959 of
1994 (0 & M).
Harkesh Singh (for Kamal Mohan Gupta) for the
Appellants.
Manoj Swarup, Ankit Swarup, Shivinder Swaroop, Ashok
Anand (for Gagan Gupta) for the Respondents.
The following Order of the Court was delivered
809
E
F
G
H
A.
B
c
D
E
810 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R.
ORDER
On 31 81 August, 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 29th September, 2010
received from the Mediator, which is as foliows:
"Mr. Ashok Kumar states that he would be ready and willing
to vacate the shop on receipt of 1 /3rd of the value of the
shop which according to him is worth approximately 50
Lacs and he be paid an amount of 15 Lacs (approx.). The
appellant-landlord is not ready and willing to offer the said
amount and has extended the concession by giving up on
the pending rent only which according to him is pending
for last 28 years. Tenant has also expressed his willingness
to purchase the property for an amount of Rs. 30 Lacs but
the landlord has refused to dispose of the same on the
ground of personal necessity.
In this connection, we would like to state mediation
proceedings are totally confidential proceeding. This is unlike
proceedings in Court which are conducted openly in the public
gaze. If the mediation succeeds, by both the parties to the
Court without mentioning what transpired during the mediation
F
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'.
BeyondJhat, the mediator should not write anything which was
discussed, proposed or done during the mediation
G 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
H confidentiality of the mediation process.
MOTi RAM (D) THR. LRS. & ANR. v. ASHOK KUMAR 811
&ANR.
We are compelled to observe this because the mediators
A
should know what kind of reports they should send to the
Courts. The report sent in this core should not have mentioned
the proposals made by the parties, but should only have stated
that the mediation was unsuccessful.
Let a copy of this order be sent to the Supreme Court
Mediation Centre and the Mediation Centres in all the High
Courts and Di~trict Courts in the country, including the
Chandigarh Mediation Centre
So far as this case is concerned, at the request of the
counsel for tile appellants, list this matter in January 2011.
R.P.
Matter adjourned.
B
Lex