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