Some Do's for Referral Judges
  1. Ensure presence of parties before referral.
  2. Assess relevant facts of case.
  3. Interact with litigants at time of referral.
  4. Ascertain willingness of parties/ Advocates.
  5. Obtain free consent of parties.
  6. Find reasons if parties not ready for mediation.
  7. Explain benefits.
  8. Pass appropriate referral order.
  9. Obtain signatures of parties on referral order.
  10. Fix date and time for appearance before Mediator.
  11. Fix schedule of trial.
  12. Explain Role of Mediator.
  13. Explain right to Self determination and confidentiality.
  14. Ensure that only parties or authorized representatives should appear.
  15. Select appropriate cases depending upon case characteristics, parties characteristics and categories of cases.
  16. Encourage advocates and litigants for mediation.
  17. Ensure authority of officials appearing for Government Agency/ authority before referral.


Some Don'ts for Referral Judges
  1. Do not refer a case if defendants or one of defendant is ex-parte.
  2. Do not refer cases involving complex legal issues, multiple parties, cases pertaining to Constitution/Public Policies.
  3. Do not allow mediation for delay of trial.
  4. Do not refer a case only for sake of reference.
  5. Do not refer a case without making objective assessment.
  6. Do not refer a case expressly barred by statutory provisions.
  7. Do not establish communication with mediator.
  8. Do not call the Mediator for his/her explanation.
  9. Do not appoint a Mediator by name.
  10. Do not appoint two Mediators for one case.
  11. Do not send a case for mediation for same day.