- Ensure presence of parties before referral.
- Assess relevant facts of case.
- Interact with litigants at time of referral.
- Ascertain willingness of parties/ Advocates.
- Obtain free consent of parties.
- Find reasons if parties not ready for mediation.
- Explain benefits.
- Pass appropriate referral order.
- Obtain signatures of parties on referral order.
- Fix date and time for appearance before Mediator.
- Fix schedule of trial.
- Explain Role of Mediator.
- Explain right to Self determination and confidentiality.
- Ensure that only parties or authorized representatives should appear.
- Select appropriate cases depending upon case characteristics, parties characteristics and categories of cases.
- Encourage advocates and litigants for mediation.
- Ensure authority of officials appearing for Government Agency/ authority before referral.
Some Don'ts for Referral Judges
- Do not refer a case if defendants or one of defendant is ex-parte.
- Do not refer cases involving complex legal issues, multiple parties, cases pertaining to Constitution/Public Policies.
- Do not allow mediation for delay of trial.
- Do not refer a case only for sake of reference.
- Do not refer a case without making objective assessment.
- Do not refer a case expressly barred by statutory provisions.
- Do not establish communication with mediator.
- Do not call the Mediator for his/her explanation.
- Do not appoint a Mediator by name.
- Do not appoint two Mediators for one case.
- Do not send a case for mediation for same day.