Reference to Mediation

As per provision of Order X Rules 1-A of the CPC after recording admission or denial of documents, the Court is under an obligation to direct the parties to opt for any of the four modes of alternative dispute resolution including mediation. The request for reference of a dispute to mediation can be made by both the parties.

A wide nature of disputes, including Matrimonial, Labour, Motor Accident Claims, eviction matters between landlord and tenants, Complaints under Section 138 of Negotiable Instrument Act, Petitions under Section 125 Cr. P.C. or any compoundable offence can be referred for mediation. If only one of the parties makes a request and the other party is not averse to the idea of mediation, the dispute can still be referred. Any court can otherwise make a reference of a dispute as provided under Section 89 of Code of Civil Procedure. Lawyers can assist the parties in the mediation proceedings. Rather, it has been found that wherever the parties are assisted by their advocates, a settlement is arrived at a bit early, for the lawyers can explain the weakness and strength of their respective cases and the time factor which might be taken in litigation. Since the proceedings before a mediator are informal the parties can even bring any of their relations to assist them.