Correlation Between CASE MANAGEMENT And MEDIATION - Law ...

AnnexureBRIEF SUMMARY OF A FEW IMPORTANT PROVISIONS IN INDIAN CIVILPROCEDURE CODE RE. CASE MANAGEMENTSettlement of disputes outside the court:Civil Procedure S.89 (1) Where it appears to the court that thereCode 1908exist elements of a settlement which may beInserted byacceptable to the parties, the court shallAmendmentformulate the terms of settlement and giveAct 1999them to the parties for their observationsDate ofand after receiving the observations of theImplementationparties, the court may reformulate the termsfromof a possible settlement and refer the same1-07-2002 for ----(a) arbitration(b) conciliation(c) judicial settlement through Lok Adalat or(d) mediation.(2) Where a dispute has been referred –(a)(b)(c)(d)for arbitration or conciliation, the provisions of Arbitration and conciliationAct, 1926 (26 of 1996) shall apply as if the proceedings for arbitration orconciliation were referred for settlement under the provisions of the Act;to Lok Adalat, the court shall refer the same to Lok Adalat in accordancewith the provisions of sub-Section (1) of section 20 of the Legal ServicesAuthority Act, 1987 (39 of 1987) and all other provisions of that Act shallapply in respect of the dispute so referred to the Lok Adalat;for judicial settlement, the court shall refer the same to a suitableinstitution or person and such institution or person shall be deemed to bea Lok Adalat and all the provisions of the Legal Services Authority Act1987 (39 of 1987) shall apply as if the disputes were referred to a LokAdalat under the provisions of that Act;for mediation, the court shall effect a compromise between the partiesand shall follow such procedure as may be prescribed.14