What are the laws relating to ADR(alternative dispute resolution) ?

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Also, please guide me as to where to find the resources relating to the explanation and implication, judgements involved with regard to these laws
asked Aug 29, 2013 by deepakmrl (120 points)

1 Answer

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Refer Section 89 of Code of Civil procedure 

Judgements under Section 89 of CPC / alternate dispute resolution

Excerpt from Section 89 of CPC

Arbitration

1[89 . Settlement of disputes outside the Court

(1) 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 and give them to the parties for their observations and after receiving the observations of the parties, 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.

(2) Where a dispute has been referred -

(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act;

(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

(c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

(d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.]

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1. Section 89 rep. by Act 10 of 1940, sec. 49 and Sch. II and again inserted by Act, 46 of 1999, sec. 7 (w.e.f. 1-7-2002).

answered Aug 31, 2013 by legalcrystal (1,210 points)
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