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.