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.
·
Arbitration
Another method of ADR is
stipulated in the section 89B of the code of civil procedure 1908 and that is
arbitration. The parties are free to choose either.
In section 89B (1) if the
parties to a suit at any stage of the proceeding apply to the court for withdrawal
of the suit on ground that they will refer the dispute or disputes in the suit
to arbitration for settlement, the court shall allow the application and permit
the suit to be withdrawn and the dispute or disputes, thereafter, shall be
settled in accordance with Salish Ain, 2001 (Act no.2 of 2001) so far as may be
applicable.