Yes, this decision authorizes trial courts to impose costs for non-appearance of a party in mediation.

• Under the model Civil Procedure Mediation Rules (Part II, Rule 13), parties must attend mediation sessions personally, by counsel, or power of attorney holder. If a party fails to attend without sufficient reason, the mediator or other parties may apply to the court where the suit is filed. The court may then issue directions and, upon finding default, impose costs on the defaulting party. Parties not resident in India may be represented. (!) (!)

• These rules form part of the model Alternative Dispute Resolution and Mediation Rules finalized by the Committee and endorsed in the judgment for adoption by High Courts under Sections 89, 121-131 CPC and Order X Rules 1A-1C. Trial courts, upon reference under Section 89, enforce these procedures, including cost imposition for non-attendance to ensure good faith participation. (!) (!) (!) (!) (!) (!)

• The overarching intent is expeditious justice via ADR/mediation, with courts empowered to penalize delays or non-cooperation through costs, aligning with general provisions for realistic costs under Sections 35, 35B (e.g., for adjournments or non-compliance). High Courts must frame/implement these rules expeditiously. (!) (!) (!) (!)