Section 89 of the Code of Civil Procedure 1908 gives power
to the court to refer the matter to the alternate dispute resolution methods
when it appears to the court that there exists an element of settlement which
may be acceptable to the parties then the court may formulate such settlement
or propose a tentative settlement and refer the parties to an alternate means
of setting the dispute such as arbitration, conciliation, Lok Adalat or
mediation.
Mediation: 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: The
Arbitration settle the dispute amicably by negotiating between the parties. It
is the general perception that the Arbitration Law is a separate Law and
complete in itself but the Civil Procedure Code is applicable in the
Arbitration Matters referred before the Civil Courts under the Arbitration and
Conciliation Act 1908.