THE MSNP CONCILIATION RULES, 2006

1. Short title and scope :

(1) These rules may be called the MSNP Conciliation Rules, 2006
(2) These rules shall apply where the parties have agreed in writing, that
(a) a dispute which has arisen, or
(b) a dispute which may arise between them in respect of a defined legal relationship, whether contractual or not, should be resolved by amicable settlement under the MSNP Conciliation Rules, 2006
(3) These rules shall not apply to disputes which by virtue of any law for the time being in force may not be submitted to conciliation.

2. Definitions in these rules, unless the context otherwise requires :

a) "Conciliation Rules" or "rules" means the MSNP Conciliation Rules, 2006.
b) “Panel of Conciliators" means the panel of persons approved by the MSNP to act as conciliator.
c) “Party" means party to the agreement referred to in rule 1 (2):
d) “Schedule" means the Schedule to these rules:
e) “MSNP” means Madhusudan Nyaya Pratisthan, A registered Trust actively engaged in the field of legal Aid, legal research, legal awareness etc in general and Alternative Dispute resolution in particular (ADR)

PART - I
PROCEDURES FOR CONCILIATION PROCEEDINGS IN THE MSNP

3. Commencement of conciliation proceedings :

(1) The party initiating conciliation shall send to the other party a written invitation to conciliate under these rules, briefly identifying the subject of the dispute.
(2) Conciliation proceedings shall commence when the other party accepts in writing.
(3) If the other party rejects the invitation, there will be no conciliation proceedings.
(4) If the party initiating conciliation does not receive a reply within thirty days from the date on which he sends the invitation, or within such other period of time as specified in the invitation I he may elect to treat this as a rejection of the invitation to conciliate and inform the other party accordingly.

4. Number and appointment of conciliators :

(1) There shall be one conciliator unless the parties have agreed that there shall be two or three conciliators.

(2) The parties may agree to enlist the assistance of the MSNP in connection with the appointment of conciliator, and in particular
.
(a) A party may request the MSNP to recommend the names of suitable individuals to act as conciliator or.
(b) Where the agreement between the parties provides the appointment of conciliators by MSNP, a party may request the MSNP in writing for such appointment.

(3) Where a request in pursuance of clause (a) or clause (b) of sub-rule (2) is made to the MSNP the party making the request shall send to the MSNP.

(a) a copy of the invitation to conciliate:
(b) a copy of the acceptance by the other party:
(c) a copy of the agreement, if any, between the parties providing for an amicable settlement of dispute between them by conciliation.
(d) any qualifications required of the conciliator:
(e) any additional information, if required, by the MSNP

(4) In recommending or appointing an individual to act as conciliator, the MSNP with follow the procedure specified in rule 24 and will have regard to:
(a) any qualifications required of the conciliator by the agreement of the parties;
(b) such considerations as are likely to secure the appointment of' an independent and impartial conciliator, and
(c) where the parties are of different nationalities, the advisability of appointing a conciliator of nationality other than the nationalities of the parties:

(5) A successor conciliator will be appointed in the manner in which his predecessor had been appointed.

5. Submission of statements to conciliator :

(1) The conciliator may, upon his appointment, request each party to submit to him and the MSNP a brief statement in writing describing the general nature of the dispute, the points at issue and the amount, if any, of the claim. Each party shall send a copy of such statement to the other party.

(2) The conciliator may request each party to submit to him and the MSNP further statement in writing of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party shall send a copy of such statement, documents and other evidence to the other party.

(3) At any stage of the conciliation proceedings, the conciliator may request a party to submit to him and the MSNP such additional information as he deems appropriate.

6. Representation and assistance:

Each party shall advise, in writing, the other party and the conciliator of-
(a) the name and address of any person who will represent or assist him, and
(b) the capacity in which the person will represent.

7. Role of Conciliator:-

(1) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
(2) The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.
(3) The conciliator may conduct the conciliation proceedings in such manner as he considers appropriate, taking into account the circumstances of the case, the wishes of the parties may express, including the request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.
(4) The conciliator may, at any stage of the conciliation proceeding, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons thereof.

8. Administrative Services:

The MSNP will arrange the administrative services specified in part II if:-
(a) the parties designate the MSNP for arranging such services, in the agreement to conciliate.
(b) the parties, or the conciliator, with the consent of the parties, request the MSNP to arrange such services.

9. Communication between conciliator and parties

(1) The conciliator may invite the parties to meet him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.
(2) Unless the parties have agreed upon the place where. meetings with the conciliator are to be held, such place shall be determined by the conciliator, taking into consideration, the circumstances of the conciliation proceedings:
Provided that where administrative assistance by the MSNP is sought under rule 8, the place where meetings with conciliator are to be held shall be determined in consultation with the MSNP.

10. Disclosure of information

When the conciliator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in order that the other party may have the opportunity to present any explanation, which they consider appropriate: Provided that when a party gives any information to the conciliator subject to a specific condition that it be kept confidential, the conciliator shall not disclose that information to the other party.

11. Cooperation of parties with conciliator

The parties shall in good faith co-operate with the conciliator and, in particular, shall endeavor to comply with request by the conciliator to submit written materials, provide evidence and attend meetings.

12. Suggestions by parties for settlement of dispute:

Each party may, on his own initiative or at the invitation of the conciliator, submit to the conciliators suggestions for the settlement of disputes.

13. Settlement of disputes:

(1) When it appears to the conciliators there exists element of a settlement which may be acceptable to the parties for there observations. After receiving the observations of the parties, the conciliator may reformulate the terms of a possible settlement in the light of such observations.
(2) If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement.
(3) When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively.
(4) The conciliator shall authenticate the settlement agreement, and furnish a copy thereof to each of the parties.

14. Confidentiality:

The conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of its implementation and enforcement.

15. Termination of conciliation proceedings:

(1) The conciliation proceedings shall be terminated-
(a) by the signing of the settlement agreement by the parties, on the date of agreement or
(b) by a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or
(c) by a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration; or
(d) by a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.
(2) The conciliator shall, upon termination of the conciliation proceeding, send an intimation thereof In writing to the MSNP

16. Resort to arbitral or judicial proceedings

The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject matter of the conciliation proceedings except that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights.

17. Costs

1. Upon termination of the conciliation proceedings, the council actor shall fix the costs of the conciliation and give written notice thereof to the parties. The fee of the conciliator and any assistance provided pursuant to rule 4(2)(b) and fees and charges for any administrative assistance pursuant to rule 8 shall be fixed by the conciliator in accordance with the schedule: Provided that the MSNP may, on request from the conciliator, fix the fee of the conciliator at a figure higher than that set out In the Schedule if, in exceptional circumstances of the case, this appears to be necessary.
2. For the purpose of sub-rule (10, "costs" means costs relating to-
(a) the fee and expenses of the conciliator and witnesses requested by the conciliator with the consent of the parties;
(b) any expert advice requested by the conciliator with the consent of the parties;
(c) any assistance provided pursuant to rule 4(2) and rule 8;
(d) any other expenses incurred in connection with the conciliation proceedings and the settlement agreement.
(3) Where more than one conciliator is appointed, each conciliator shall be paid separately the fee set out in the Schedule.
(4) The costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party.

18 Deposits:

(1) The conciliator will, upon his appointment, in consultation with the MSNP, direct each party to deposit with the MSNP an equal amount as a advance for the costs referred to in rule 17(20 which he expects will be incurred.
(2) During the course of the conciliation proceedings, the conciliator may, in consultation with the MSNP, direct supplementary deposits with the MSNP in an equal amount from each party for the costs referred to in sub-rule (1).
(3) If the required deposits under sub-rule (1) and (2) are not made in full within thirty days, the conciliator will inform the parties in order that one or the other party may make the required deposit and if the required deposit is not made, the conciliator may suspend the proceedings or may make a written declaration of termination of tile proceedings to the pal ties, effective on the date of the declaration.
(4) Subject to any settlement agreement, upon termination of the conciliation proceedings, the MSNP shall apply the deposits to the costs of the proceedings, render an accounting to the parties of the deposits received and applied and return any unexpended balance to the parties.

19 Rule of conciliator in other proceedings:

Unless otherwise agreed by the parties:
(a) the conciliator shall not act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceeding in respect of a dispute that is the subject matter of the conciliation proceedings;
(b) the conciliator shall not be presented by the parties as a witness in any arbitral or judicial proceedings.

20 Admissibility of evidence in other proceedings:

proceedings relate to the dispute that is the subject matter of the conciliation proceedings-
(a) views expressed or suggestions made by the other party In respect of a possible settlement of the dispute;
(b) admonitions made by the other party in the course of conciliation proceedings;
(c) proposals made by the conciliator;
(d) the fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator.
21. Interpretation and application:
If any question arises as to the interpretation or application of these rules or any procedural matter there under, the decision of the MSNP shall be final and binding on the parties.

PART - II
SERVICES FOR PROCEDURES UNDER
THE CONCILIATION RULES

22. Services for procedures under the rules
To facilitate the conduct of conciliation proceedings that the parties have agreed to conduct under the Conciliation Rules, the MSNP will –
(a) perform the function of the appointing authority wherever –
(I) the MSNP has been so designated by the parties in the conciliation clause of their contract or in a separate agreement or
(II) the parties have agreed to submit a dispute to the MSNP under the Conciliation Rules without specifically designating it as the appointing authority; and
(b) Provide the administrative services herein specified when required by the agreement, or when requested by all the parties, or by the conciliator with the consent of the parties.

23. Services as the registry:-

(1) On receiving a request in pursuance of rule 4(2)(a) or 4(2)(b), the MSNP will register the request and intimate in writing to the parties the registration number of the case which shall be quoted by the party while making any subsequent communication to the MSNP.

(2) The MSNP will scrutinise every request and the document, make necessary entry in the register and prepare a file of the case.

24. Services as recommending or appointing authority

(1) On receipt of a request in pursuance of rule 4(2)(a), the MSNP will communicate to the party making the request a list containing the names, addresses, nationalities and a description of qualifications and experience of at least three individuals from the panel of conciliators.

(2) On receipt of a request to appoint a conciliator in pursuance of rule 4(2)(b) the MSNP will follow the following procedure –
(I) tile MSNP will communicate to each party a list containing the names, addresses, nationalities and a description of qualifications and experience of at least three individuals from the panel of conciliators;
(II) within thirty days following the receipt of the list, a party may delete any name to which he objects and after renumbering the names in the order of his preference. return the list to the MSNP
(III) on receipt of the list returned by the parties, the MSNP will appoint the conciliator from the list taking into account the order of preference indicated by the parties;
(IV) if for any reason the appointment cannot be made according, to the procedure specified in clauses (i)to (iii), the MSNP may, unless the parties recommend the name of the conciliator to be appointed by the MSNP appoint the conciliator from the panel of conciliators.

(3) In recommending or appointing a' conciliator the MSNP will have regard to the matters referred to in rule 4(4) and will carefully consider the nature ofthe dispute in order to include in the list, persons having appropriate professional or business experience, language ability and nationality.

(4) All appointments on behalf of the MSNP will be made by the Secretary-General and in his absence by such never if the Governing Council as is designated by the Chairperson: Provided that where the Secretary-General is to be appointed as he conciliator, the appointment will be made by the Chairperson.

25. Administrative services:

(1) The MSNP nay provide the administrative services specified in this Part a) upon the request of the parties; (b) upon the request of the conciliator with the consent of the parties; or (c) if the parties designate the MSNP for providing such services.

(2) All oral or written communications from a party to the conciliator. Except at meetings, may be directed to the MSNP which will transmit them to the conciliator and, where appropriate, to the other party.

(3) Agreement by the parties that the MSNP will provide the administrative services, constitutes consent by the parties that, for purposes of compliance with any time requirements of the rules, any written communications shall be deemed to have been received by the addressee when received by the MSNP When transmitting communications to a party, the MSNP will do so to the addresses provided by each of them to the MSNP for this purpose.

(4) The MSNP will also assist in the exchange of information and of settlement proposals.

(5) The MSNP will assist the conciliator to establish the date, time and place of meetings and will give the parties advance notice of such meetings.

(6) The MSNP will provide a meeting room and retiring rooms for the conciliator and the parties or their counsel in the offices of the MSNP on the charges set out in the Schedule. These charges will be billed separately and are not inculcating the fee for administrative services. However, where these facilities are provided in any place other than the offices of the MSNP the charges will be determined by the MSNP and bill separately in each case.

(7) Upon request, the MSNP will make arrangements for the services of interpreters of translators. The cost of interpretation or translation will be determined by the MSNP and billed separately and is not included in the fee for administrative services.

(8) (a) MSNP will hold advance deposits to be made for the costs of the conciliation proceedings
(b) On termination of the conciliati9n proceedings, the MSNP will apply the proceeds of the advance deposits towards any of its unpaid administrative fees and charges and the costs of the conciliation proceedings and will render an accounting to the parties of the deposits received and applied and return any unexpended balance to the parties.

(9) (a) Upon request, the MNSP will provide other appropriate administrative services the cost of which will be determined by the MSNP and billed separately and are not included in the fee for administrative services.
(b) The kinds of services which can be provided are as follows:-
(i) secretarial support and clerical assistance;
(ii) long distance and local telephone access and telex and telecopy facilities
(iii) photocopying and other usual office services.

(10) (a) The MSNP may require the party requesting one or more of the services referred to in sub-rule(6),(7),(8), or (10) to deposit an amount, specified by it as advance towards the costs of such services;

(b) The MSNP may also require the parties to make supplementary deposits towards the costs of the services referred to in clause (a);

(c) If the required deposit under clause (a) or clause (b) is not made in full within the times specified by the MSNP, the MSNP may not provide the services requested for.