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ADR in Artha Rin Adalat Ain, 2003

ADR in Artha Rin Adalat Ain, 2003

by Sanjida Islam -
Number of replies: 0

Section 22 of the Act provides the mediation of ADR. This is compulsory that means after submission the written statement the court must send it to the engaged lawyers or to the parties to settle the dispute matter through mediation. This process of ADR is a court annexed ADR as here the court is involved. If the decision by mediation is not possible, the party may run the suit in the ordinary way. Section 22 -25 of the said Ain discuss the details of the mediation process.

Stages of mediation:

The newly amendment in 2010 of the Act gives the opportunity to the parties to settle the dispute in four stages. Namely:

a.       Mediation after filling the written statement

b.       Mediation before the pronouncement of judgment by the consent of the parties

c.       Mediation at the execution stage and

d.       Mediation at the appellate or revision Stage.

Appointment of the mediator

When the suit is referred to the lawyers engaged for mediation, they on mutual consultation with the parties to the suit, may engage a lawyer who is engaged by neither of the parties or may engage any retired Judge or a retired officer of a bank or a financial institution or any other competent person as mediator in the interest of settling the dispute.

**No appeal or revision shall lie in the Higher Court against the order of this Court if there is a settlement through mediation