Judicial Pendency

Mediation and Out-of-Court settlement

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Read the attached story

Mains level : Out of court settlement mechanisms in India

  • The attempt at mediation and an amicable out-of-court settlement of a famous temple dispute has failed.

Legal basis of Mediation

  • Negotiation or mediation is an accepted part of the procedure to resolve disputes.
  • Section 89 of the Code of Civil Procedure asks judges to ensure that all avenues to resolve a dispute outside the court have been exhausted.
  • The section reads: 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 settlement.
  • The Court may reformulate the terms of a possible settlement and refer the same for- (a) Arbitration (b) conciliation (c) judicial settlement including settlement through Lok Adalat or (d) mediation.
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