Critically evaluate the provisions of Section 89 and Order X, Rules 1A, 1B, and 1C of the Civil Procedure Code concerning Alternative Dispute Resolution (ADR)

 

   Critically evaluate the provisions of Section 89 and Order X, Rules 1A, 1B, and 1C of the Civil Procedure Code concerning Alternative Dispute Resolution (ADR).


Ø Relevance of Section 89 of the Code of Civil Procedure

The Malimath committee along with the 29th report of the Law Commission proposed the idea of Conciliation as a technique of ADR. The primary intention behind such a proposal was to make the public aware of the options available to them for resolving their disputes by utilizing the modes of Alternate Dispute Resolution. Accordingly, it led to the enactment of Section 89 of the Code of Civil Procedure. Section 89 of the Code of Civil Procedure was enacted through the Code of Civil Procedure (Amendment) Act 1999 and became effective from 01-07-2002. Thus, with the motive of bringing a significant reduction in the number of pending cases and its early disposition, Section 89 of the Code of Civil Procedure was amended. It provides the machinery and procedure for settling the disputes of Civil Litigation through different mechanisms of ADR. Section 89 of the Code of Civil Procedure states that:

Section 89 Settlement of disputes outside the Court:

1.     Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of the settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for-

•       Arbitration;

•       Conciliation;

•       judicial settlement including settlement through Lok Adalat; or

•       Mediation.

2.   Where a dispute has been referred-

•       for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act;

•       to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

•       for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a LokAdalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

•       for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.

Ø Rules for the purposes of Section 89 and Order X Rules 1A, 1B and 1C.

These provisions read as under:

1.     1 (A) Direction of the Court to opt for any one mode of alternative dispute resolution: After recording the admissions and denials, the Court shall direct the parties to the suit to opt either mode of the settlement outside the Courts as specified in Sub-Section (1) of Section 89. On the option of the parties, the Court shall fix the date of appearance before such forum or authority as may be opted by the parties.

2.   1 (B) Appearance before the conciliatory forum or authority: Where a suit is referred under Rule 1A, the parties shall appear before such forum or authority for conciliation of the suit.

1 (C) Appearance before the Court consequent to the failure of efforts of conciliation: Where a suit is referred under Rule 1A and the presiding officer of conciliation forum or authority is satisfied that it would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the matter again to the Court and direct the parties to appear before the Court on the date fixed by it.

 

References:

1. Characteristics of Alternate Dispute Resolution (ADR) and Advantages and Disadvantages of Alternate Dispute Resolution (ADR)

 2. Legal Education in India: Challenges, Innovations, and a Vision

3. Sources of Law

4. Salient features of Arbitration and Conciliation Act, 1996.

5. Disscuss the Differences between Arbitration and Conciliation

6. What type of Matter Cannot be subject to ADR (Alternative Dispute Resolution)

7. Discuss the historical background and objectives of the Arbitration and Conciliation Act, 1996

8. What is an Interim Measure by Court Under Section 9 of the Arbitration and Conciliation Act 1996

9. Differences between Arbitration and Mediation

10. Difference between Mediation and Conciliation

11. Difference between Arbitration and Conciliation

12. Difference between Arbitration and Negotiation

13. Discuss the State Legal Service authority and the Legal Service Authority Act

14. Compare and contrast Negotiation, Conciliation, and Arbitration as forms of Alternate Dispute Resolution (ADR)

15. Discuss the Role of Negotiation within the framework of Alternate Dispute Resolution (ADR)

16. Analyze the Process of Conciliation in Alternate Dispute Resolution (ADR)

17. Explain the key Elements of an Arbitration Agreement under the Arbitration and Conciliation Act, 1996

18. Explain the process of Appointment and Termination of an Arbitrator under the Arbitration and Conciliation Act, 1996

19. Powers and Duties of the Arbitral Tribunal in Managing the Arbitration Process

20. Discuss the Requirements for a Valid Arbitral Award and the Circumstances under which an Arbitral Award can be Set Aside

21. Discuss the role and significance of Tribunals, Lokpal, and Lokayukta in the Indian legal system as forms of Alternative Dispute Resolution (ADR)

22. Discuss how Lok Adalats facilitates quick and amicable settlement of disputes and the types of cases best suited for this forum

23. Discuss the role of Family Courts in resolving family disputes as part of the Alternative Dispute Resolution (ADR) system

 

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