Justice Remedem Rules

​

1. Commencement of Proceedings: Dispute resolution under the Justice Remedem Rules commences when parties either have a pre-existing contract containing a Justice Remedem Dispute Resolution Clause or submit a joint application by accepting Justice Remedem’s Terms and Conditions. The process officially begins once all involved parties accept the Terms and Conditions for mediation, conciliation, or arbitration.

2. Appointment of Members: Within 24 hours of receiving a dispute reference, Justice Remedem will issue a Notification listing the assigned Mediator/Conciliator/Arbitrator. An introductory call is scheduled to brief the parties on the process and answer preliminary queries. The member will also assist in scheduling the first date for the proceedings and provide a conflict-of-interest declaration from the appointed neutral.

3. Appointment of Neutrals: Justice Remedem will appoint a single Mediator/Conciliator/Arbitrator unless a co-neutral is requested due to case complexity or deemed necessary by Justice Remedem. The appointed neutral will manage the proceedings impartially.

4. Submission of Neutrals' Brief: The neutral’s brief is a written summary outlining the general nature of the dispute and key issues. It must not exceed four pages, including footnotes and endnotes.

5. Role of the Neutral: The Mediator/Conciliator/Arbitrator assists the parties impartially in achieving an amicable settlement. The neutral is guided by principles of objectivity, fairness, and justice, considering the rights and obligations of the parties, business practices, and circumstances. In arbitration, the neutral issues a binding award. In conciliation or mediation, proposals for settlement may be made at any stage, with no requirement for written explanations.

6. Confidentiality: All parties must adhere to confidentiality provisions as outlined in the Justice Remedem Terms and Conditions. No recordings of meetings are allowed, and all information shared during the proceedings must remain confidential unless mutually agreed by the parties and the neutral.

7. Evidence and Admissibility: Information shared during the dispute resolution process, including settlement suggestions or admissions, cannot be used as evidence in any subsequent arbitral or judicial proceedings. Additionally, neutrals cannot be presented as witnesses in court.

8. Disclosure of Information: If the neutral receives factual information from one party, they must disclose the substance of that information to the other parties, allowing for appropriate responses or explanations.

9. Settlement Agreement and Award: When parties reach a settlement, the agreement is final and binding, holding the same status as an arbitral award under section 30 of the Arbitration and Conciliation Act, 1996. The neutral will authenticate the agreement and provide copies to all parties.

10. Appointment of Experts: During the conciliation or arbitration process, either party or the neutral may call upon experts for technical or specialized knowledge. Costs associated with experts are shared equally unless otherwise agreed.

11. Fees: Parties are jointly and severally responsible for the fees detailed before the commencement of proceedings. In case of overdue payments, Justice Remedem is entitled to recover additional costs on a full indemnity basis.

12. Costs: Unless otherwise stated in the settlement agreement or a prior arrangement, costs of the dispute resolution process will be borne equally by all parties.

 

Through these comprehensive rules, Justice Remedem ensures a structured, impartial, and effective process for resolving disputes through mediation, conciliation, arbitration, or Online Dispute Resolution (ODR).