Alternate Dispute Resolution is simply an alternate route for resolving disputes between parties.
In our country, civil suits are filed in the regular court but according to the proportion of the filing suit, a very small amount of suits are dismissed by the court. As a result, the court becomes an overloaded place with suits.
In 2003, sections 89A and 89B were inserted by amending the code of civil procedure. These sections empower 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.
Mediation:
Mediation is an ADR method where a neutral and impartial third party, the mediator, facilitates the parties to reach a conclusive and mutually satisfactory agreement. A mediator assists the parties in identifying and articulating their own interests, priorities, needs, and wishes to each other.
The procedure of Mediation under Section - 89(A) of The Code Of Civil Procedure, 1908:
Mediation Under this section shall mean flexible, informal, non-binding, confidential, non-adversarial, and consensual dispute resolution process in which the mediator shall facilitate a compromise of disputes in the suit between the parties without directing or dictating the terms of such compromise.
Appointment of the Mediator:
The parties shall appoint -
1. another pleader not engaged by the parties in the suit, or
2. a retired judge, or
3. a mediator from the panel prepared by the District Judge under sub- section (10), or
4. any other person who is suitable, to act as a mediator for settlement or
5. The court itself.