High court seeks monthly details of mediation in J&K

SRINAGAR: With mediation tipped to be a major alternative dispute resolution (ADR) to settle civil cases, the J&K High Court has sought details about the mediation activities across the state on monthly basis.
“The presiding officers of all the subordinate court of the state of J&K are hereby impressed upon to submit a monthly statement in respect of mediation activities carried out in their respective courts,” reads a circular issued by Registrar General, Kaneez Fatima.
The officers have been asked to give number of cases where section 89 CPC and rules framed were followed; number of cases where order X rule 1-A of CPC followed; number of cases referred to ADR centres mediation, number of cases settled and number of cases pending for mediation at the end of the month.
Section 89 CPC (Settlement of disputes outside the court), mandates judicial officers to explore the possibility of settlement. It expected them to persuade the litigants to reach an amicable settlement and only if they failed, should the officers dispose of the suit based on merit.
Under this Section, if a court sees the possibility of settlement in a case, it may refer parties to arbitration, conciliation or mediation. In mediation, a third party, the mediator assists the parties in negotiating their own settlement.
In some cases, mediators may express a view on what might be a fair or reasonable settlement.