·
Development
of ADR in the Code Procedure 1908
In our country many civil
suites are filled in the regular court but according to the proportion of the filling
suit very small amount of suits are dismissed by the court as a result the
court becomes the overloaded place with the suits. The suits which are decided
by the courts again, go to the appellate court if the other party is not satisfied.
Besides the aggrieved party has the right to apply for review division. It
takes a lot of time to dismiss a suit finally apparently 20/30 years.
To recover from the
situation historical step is taken to introduce ADR in the code of civil
procedure 2003 by inserting the section 89A and 89B. In 2003 section 89A and
89B empowers the trial court to settle the dispute by ADR. Again in 2006 a new
amendment is brought in the Code of Civil procedure to provide the power to Appellate
court by section 89C.
·
Procedure
of Mediation under Section 89A of The Code Of Civil Procedure 1908.
Definition
of Mediation under This Section:
“Mediation” Under this
section shall mean flexible, informal, non-binding, confidential,
non-adversarial and consensual dispute resolution process in which the mediator
shall facilitate compromise of disputes in the suit between the parties without
directing or dictating the terms of such compromise.