The mechanisms of ADR in the Artha Rin Adalat Court Act,
2003 are (a) settlement conference which is to be presided over by the trial
judge and to be held in camera and (b) arbitration. The amended provision of
the Ain, 2003 for holding mediation is a mandatory one. Because subsection (11)
of section 22 of the Ain 2003 has been provided consequence if the parties have
failed to mediate the dispute by arbitration. There is no provision for any of
the parties of the suit to expresses their unwillingness to go for mediation by
filing an application to the court. The trial court concerned is hereby
directed to send the pleadings of the suit to the parties or their engaged
lawyers for holding mediation within 15 (fifteen) working days of receipt of
this judgment. In doing so, the parties of the suit are also directed to take
positive steps for holding mediation keeping in view of the provision of
subsection (5) of section 22 of the Ain 2003. The concerned Artha Rin Adalat is
also directed to proceed with the suit in accordance with law if the parties of
the suit failed to mediate the dispute within 90 (Ninety) days from receipt of
the pleadings of the suit as provided under section 22(5) of the Ain, 2003.