Kerala State Mediation & Conciliation Centre Set To Launch 'NIRNAYA Scheme' On August 5

The 'NIRNAYA Scheme' for extending mediation services to all disputes within the State, with the exception of those pending before Courts, is set to be launched under the aegis of the Kerala State Mediation and Conciliation Centre (KSMCC). 

It is on noting that formal adversarial litigation might not be suitable for complex multi-party civil litigations, and that mediation would be an effective platform to resolve disputes and differences involving large number of individuals and groups who have invested money in huge infrastructure projects, that NIRNAYA was introduced by the KSMCC.

The Scheme envisages resolution of disputes in different fields such as commerce, cinema, production, and industry, particularly, the disputes pertaining to construction of apartments, under the aegis of specially trained, expert mediators.

The Scheme shall officially be launched at a program to be conducted at the Kerala High Court Auditorium on August 5 (Saturday).

The inaugural function of NIRNAYA will be held from 9.45 am to 11 am at the High Court Auditorium. The scheme shall be officially inaugurated by Chief Justice Ashish J. Desai, who is also the patron-in-chief of KSMCC. The official website of KSMCC will be launched by Chief Justice Ashish J. Desai. The Presidential Address will be given by Justice A. Muhamed Mustaque. Special address will be delivered by P. Rajeev, Minister for Law, Industries and Coir. Welcome remarks shall be given by Judge Jubiya A, Director of KSMCC. An introduction to the programme will be provided by Advocate George Merlo Pallath, Trainer of Mediation and Conciliation Project Committee. During the event, short films will be released by Justice Amit Rawal and Justice Mary Joseph. 

After the inaugural session in the morning, there will be conferences and panel discussions in the forenoon sessions held by eminent persons. Session I is based on Scope of Mediation in Construction Disputes, session II is based on Mediation in Commercial Dispute, session III is about the Role of Lawyers in Mediation beyond court rooms and session IV is regarding Online Dispute Resolution. After each session, there will be ten minutes provided for resolving doubts and asking questions to the speakers. 

NIRNAYA is intended to be a private mediation process under the supervision of KSMCC.

The Mediation Centre at Kerala High Court, 14 District Mediation Centres, 2 additional mediation centres and 59 mediation sub-centres shall assist the functioning of NIRNAYA.

The inauguration of NIRNAYA seems happenstance with the passing of the Mediation Bill, 2021. The Mediation Bill was passed by the Rajya Sabha on August 1. The object of the Bill is to promote and facilitate mediation in resolution of disputes in commercial and other matters. The Bill intends to promote and enforce mediated settlement agreements between some or all of the parties. The Bill also includes Community mediation that aims to resolve disputes between residents or families amicably. Further, the Bill provides for establishing Mediation Council of India, a panel of mediators, mediation service providers and mediation institutes for conducting and facilitating mediation. The Bill also allows for online mediation which can be conducted with the written consent of the parties, so as to make mediation a more cost effective process. 

Functioning of NIRNAYA 

This Pre-Litigation Mediation System shall a centralized system managed by the KSMCC.

Parties can approach the KSMCC for availing the service through the prescribed form and on payment of a nominal administrative charge. The parties can choose their mediator from the empaneled mediators, as well as the venue or online platform for conducting the mediation. 

On receipt of the duly completed application by KSMCC, it shall be assigned a Pre-Litigation Mediation (PLM) number and entered in the register maintained by KSMCC. The nodal officer shall then contact the applicant and the opposite party to confirm their willingness for mediation and the mediator opted for by the applicant.

If the opposite party is willing for PLM and agreeable with regard to the mediator opted by the applicant, the nodal officer may proceed to fix the date for PLM after consulting with the mediator so selected and fix the venue for PLM. However, if the opposite party is not agreeable to the mediator selected by the applicant, or if the parties did not opt for a mediator, the nodal officer shall allocate the PLM to a mediator, at the convenience of the parties, on the basis of the venue they selected or place they belong to, from the panel of KSMCC.

Third Party service providers are also empaneled for conduct of mediation and as online platforms for the dispute resolution. The parties are at liberty to choose them also as mediators, provided the mediation process, fee structure and other consequences shall be as per the rules followed by such service providers.

The mediators fee ought to be jointly paid by the parties to KSMCC, as per the schedule, within the time indicated by the Director of KSMCC. This fee is subject to change as per the decision of the governing body and the fee with respect to matters not covered under the schedule shall be fixed on the basis of the nature of the dispute involved. 

The mediation is to be completed within maximum period of 3 months from the date of remittance of the fee or within the time as agreed between the parties, subject to the consent of the mediator. 

In the event of settlement of disputes, the mediator is required to draw up a settlement agreement containing lawful and mutually acceptable terms. If the parties require an award, enforceable as a decree to be passed, the mediator is expected to assist the parties to get the award passed by the Lok Adalat of the Legal Services Authority or by the mediator acting as the Conciliator, with previous consent of all the parties to the settlement. Additionally, the mediator is required to submit a report to the KSMCC on the final settlement of dispute or failure thereof.