(1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V.
(2) Where the parties agree for settlement by mediation and give their consent in writing, the District Commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of Chapter V, relating to mediation, shall apply.
Legal Commentary & Landmark Judgments: Section 37
Section 37 incorporates a groundbreaking statutory dispute resolution mechanism empowering the District Commission to refer consumer complaints to mediation at the first hearing after admission or at any later stage, where elements of an acceptable settlement exist, subject to written consent given by the parties within five days.
In commercial, banking, insurance, or real estate consumer disputes, consider invoking Section 37 at the very first hearing. Prepare and tender a joint consent memo under Section 37(1) within five days. Crucial strategic point: Under the third proviso to Section 41, no appeal lies against an order passed pursuant to a mediated settlement under Section 80. Thus, a mediated settlement achieves absolute finality, completely eliminating appellate risk.