Make pre-litigation mediation mandatory: Youth Bar Association plea in Supreme Court

Team SoOLEGAL 15 Oct 2020 3:16pm

Make pre-litigation mediation mandatory: Youth Bar Association plea in Supreme Court

The Youth Bar Association of India (YBA) has suggested the Supreme Court of India to make alternate and pre-litigation procedures mandatory as there are 32.45 million pre-existing pending cases in the courts all over the nation as of 24th of May, 2020. The YBA mentioned that the alternate dispute resolution processes will help to prevent the courts from attending useless and not so important cases coming up for litigation and also allowing these parties to come together and settle their disputes on good terms before opting for litigation.

The bench in Supreme Court comprising of Justice S.A. Bobde, Justice A.S. Bopanna and Justice V. Ramasubramanian have issued a notice accordingly highlighting the purpose and usefulness of Alternative Dispute Resolution (ADR), governed by the Arbitration and Conciliation Act, 1996 and the Civil Procedure Code, 1908 particularly Section 89 of C.P.C.

 The petitioner mentioned that with these provisions coming to force, a compulsory duty has been assigned to the civil courts to work for settlement of disputes consigning the parties to the Alternate Dispute Resolution process. The main motive of introducing Section 89 of C.P.C. is to make sure that the courts make an effort to make the out-of-court settlements easy with any of the following five procedures of ADR as mentioned under Section 89-(1) Arbitration, (2) Conciliation, (3) Judicial settlement, (4) Settlement through Lok Adalat, and (5) Mediation.

The Youth Bar Association referred to the judgement of the Supreme Court in the case “K. Srinivas Rao vs D.A. Deepa”, in the year 2013, where the Supreme Court had ordered to set up a pan India Mediation centre to resolve and settle matrimonial disputes before going for litigation, but this direction was followed by only 3 High Courts out of 25 High Courts of India.

Tagged: Youth Bar Association   Supreme Court   YBA   pre-litigation procedures   Justice S.A. Bobde   Justice A.S. Bopanna   Justice V. Ramasubramanian   Alternative Dispute Resolution   Civil Procedure Code   Arbitration and Conciliation Act   Lok Adalat  
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