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History
The Concept
of Mediation is ancient and deep rooted in our country. In olden days
disputes used to be resolved in a Panchayat at the community level. Panches
used to be called Panch Parmeshwar. Now we
have grown into a country of 125 crore people and with liberalization and
globalization, there is tremendous economic growth. All this has led to
explosion of litigation in our country. Though our judicial system is one of
the best in the world and is highly respected, but there is lot of criticism
on account of long delays in the resolution of disputes in a court of law.
Now an honest litigant is wary of approaching the court for a decision of his
dispute. Hence, we have turned to Alternative Dispute Resolution mechanisms. The
Supreme Court of India has started the process of reforms in the Indian
Judicial System. Hon'ble Mr. Justice A.H. Ahmedi, the then Chief Justice of
India in the year 1966 invited the Institute for the Study and Development of
Legal Systems (ISDLS), USA to participate in a national assessment of the
backlog in the civil courts. Studies were made in respect of the causes of
delay in the civil jurisdiction in our country. The
legislature by the Code of Civil Procedure (Amendment) Act, 1999, amended
section 89 of the CPC with effect from 1.7.2002 whereby mediation was
envisaged as one of the modes of settlement of disputes. The amendment in Section
89 was made on the recommendation of the Law Commission of India and the
Justice Malimath Committee. It was recommended by the Law Commission that the
court may require attendance of parties to the suit or proceeding to appear
in person with a view to arrive at an amicable settlement of the dispute
between them and make an attempt to settle the dispute amicably. Justice
Malimath Committee recommended making it obligatory for the Court to refer
the dispute, after issues are framed, for settlement either by way of Arbitration,
Conciliation, Mediation or Judicial Settlement through Lok Adalat. It is only
when the parties fail to get their disputes settled through any of the Alternative
Dispute Resolution methods that the Suit could proceed further. Thus Section
89 has been introduced to promote alternative methods of dispute resolution.
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For Suggesions, Pl.
Email at: Tel. No. : 23961909, 22309085 |
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