Order 24 — Reference to Alternative Dispute Resolution Centre

The President of the Court or a Judge of the Court may refer for amicable settlement through conciliation or mediation any matter filed in any of the Registries of the Court to the Alternative Dispute Resolution Centre (hereinafter referred to as the Centre) established within the Court premises pursuant to Section 254C (3) of the 1999 Constitution (as amended by the Third Alteration Act, 2010) and Article 4(5)(a)-(e) of the Instrument of the Alternative Dispute Resolution Centre.

Upon receipt of the referral, the Registrar of the Centre shall set the matter down for mediation or conciliation in accordance with the ADR Rules.

The Centre shall endeavour to take all necessary steps to conclude the mediation or conciliation process with respect to matters referred to it within twenty-one (21) working days of the date the process commences.
Provided that an extension of ten (10) working days may be granted by the President of the Court or a Judge of the Court on request, if the mediation or conciliation process(es) is/are not completed within twenty-one (21) working days.

(1) At the end of the mediation or conciliation sessions, where parties agree to an amicable settlement, the Centre shall submit a Report of the process accompanied with the Record of the resolution sessions and Terms of Settlement, to the President of the Court or the Judge who made the referral, and Certified True Copies (CTC) thereof shall be made available to the parties or their counsel, if any.

(2) A report of any matter referred to the Centre by the President of the Court or a Judge of the Court which has been amicably resolved shall be submitted to the President of the Court or the Judge of the Court who made the referral, to be entered as the Judgment of the Court.

(1) Upon receipt of the report of an amicable settlement of a matter from the Centre, the Court shall cause hearing notices to be issued and served on the parties and their counsel, if any, for the adoption of the settlement agreement as the Judgment of the Court.

(2) The hearing notice shall indicate the date and time fixed for the adoption of amicable Terms of Settlement, as the Judgment of the Court.

(1) The report of an amicably resolved matter may be varied by consent of the parties to the mediation or conciliation session(s). The Report herein referred to includes the proceedings at sessions and the Terms of Settlement.

(2) Where parties to a matter in respect of which a Report of resolution session(s) is before the Court, and the Terms of Settlement have been executed and signed by the parties and their counsel, if any, and the parties intend to alter the Terms of Settlement by consent, the Court shall adopt the varied Terms of Settlement as the Judgment of the Court:
Provided all the parties and their counsel, if any, execute the varied Terms of Settlement as provided in the Rules of the Court.

(1) Where parties to any mediation or conciliation process are unable to settle their dispute amicably, the Director of the Centre shall submit a report to that effect to the President of the Court or the Judge of the Court who made the referral without the record of the mediation or conciliation session(s).

(2) Where the matter was not resolved by the Centre, the matter shall be remitted to the President of the Court or the Judge who referred the matter within five (5) working days, to be set down for adjudication in accordance with the Rules of the Court.

Where parties are unable to settle their disputes through the mediation or conciliation process, the Court may set the matter down for hearing and determination on its merits, and the procedure laid down for trial of cases under the Rules of Court shall be followed for the determination of the matter.

In a matter before the Court, parties may by consent move the Court to appoint a neutral mediator or conciliator for amicable resolution of their matter.
Provided the neutral shall comply with the rules of the Centre in the resolution of matters referred to the neutral.

Notwithstanding the provisions of Order 3 Rule 4 of the ADR Centre Rules 2015, where a matter is referred to the ADR Centre by a Judge of the Court presiding over such a matter, and during the pendency of the mediation and conciliation process at the Centre, a fresh party seeks to be joined or is sought to be joined as a party to the matter, the Director of the ADR Centre shall seek the approval of the President of the Court to allow such a party to be joined in the mediation and conciliation process.
Provided that the President of the Court shall communicate the development and the approval given to the Director of the ADR Centre to join such a party to the Judge of the Court who made the referral.

Where a party who sought to be joined or who is to be joined in a matter at mediation or conciliation process of the ADR Centre in line with the provisions of rule 10 of this Order, and the matter could not be resolved by the Centre and the matter is remitted back to the Court, the party who is seeking or being sought to be joined as a party shall file an application for joinder in accordance with the appropriate rules of this Court.

An Officer of the Court or any person with the qualification or professional experience relevant to the subject matter of the dispute may be appointed or assigned by the Court as a Neutral.

The Director of the Centre shall submit a monthly report of the activities of the Centre to the President of the Court.