Ex Parte

Ex parte — Latin for "by one party" — describes any proceeding, order, or communication where only one side is present or has been given notice. ## In court proceedings Courts occasionally grant ex parte orders — typically urgent injunctions or attachment orders where giving notice to the other side would defeat the purpose of the relief. Such orders are usually interim and require the other party to be heard at the earliest opportunity. ## In arbitration Ex parte contact between an arbitrator and one party (outside the formal proceedings and without the other party's knowledge) is a serious procedural irregularity that can be grounds for challenging the resulting award under Section 34 of the Arbitration and Conciliation Act, 1996. The equal treatment principle — that both parties must be given a full opportunity to present their case — is fundamental. Where a party simply fails to participate in properly notified arbitration proceedings, the tribunal can proceed ex parte and issue an award. This is not a violation — it is the Act's mechanism for preventing unilateral delay. ## In mediation — the caucus distinction In mediation, private one-on-one meetings between the mediator and each party (caucuses) are a standard and entirely proper part of the process. These are not "ex parte" in the problematic sense — both parties know the caucus structure exists and consent to it at the outset. The mediator's obligation is to maintain confidentiality about what each party discloses in their private session and not to share it with the other party without consent. What would be improper is a mediator having substantive, undisclosed contact with one party outside the mediation framework — sharing information from one party's caucus with the other, or communicating proposals without both parties' knowledge of the overall process.