The Civil Procedure Code (Amendment) Act,
2002 has been enacted to introduce Alternative Dispute Resolution
(ADR) system for early and consensual disposal of civil suits.
Section 89A and 89B have been inserted to allow parties to
settle their disputes in suits, through mediation or arbitration.
In the mediation procedure, the court may take initiative
to settle the dispute in the suit by itself or by making reference
to independent mediators. Under section 89B parties will be
allowed to withdraw pending suits and have those settled through
arbitration. The provisions have been made effective from
1st July 2003.
Ministry of Law has undertaken different measures to motivate
and sensitize judges, lawyers and the litigant public about
the merits and advantages of the ADR. Workshops, seminars,
training programs have been organized for judges, lawyers
and court support staff in the divisional headquarters and
selective districts. A widely acclaimed documentary film titled
"Settlement of Disputes through Mediation" has been made and
shown to the participants and the stakeholders all over the
ADR system is gaining
procedure will help to reduce the huge backlogs of civil cases
in courts. Public confidence in the judiciary will thereby
increase. Access to justice will be expanded. The provisions
will also help develop a new culture of consensual settlement
of disputes doing away with the existing adversarial procedure.
It will help protect and preserve cohesion and fraternity