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Court Referred Mediation

Mediation, not litigation is the way to go
Court referred mediation or Court annexed mediation is the manner of how a case in court is referred to mediation directing the parties to report to designated individual(s) or a committee set up for that purpose and carry through the talks for ending the dispute. If the dialogue with the intercession of a mediator ends in a settlement, it will be referred back to the court by the mediator with a report and the Court will pass a decree in terms of the settlement. In criminal matters, the dispute has necessarily to be compoundable in the sense that it is set out among the genre of offences that are permitted to be settled or compounded, as the technical expression is, under the Code of Criminal procedure. Heinous offences, like rape and other forms of sexual assault, murder, etc cannot be subject of reference for mediation, as they are not compoundable.
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Section 89 of the Civil Procedure Code that makes reference to mediation as a formulation of alternative dispute resolution (ADR), casts an obligation on the court before which a case is brought for hearing to consider if the subject matter of dispute is fit for disposal by any process other than a trial of suit and refer to one or other modes of ADRs. Companies Act, 2013 contains provisions under Section 442 for the Adjudicating Authority to refer a matter pending before it for mediation to a person empanelled as mediator. Commercial Courts, Commercial Divisiion and Commercial Appellate Division of High Courts Act, 2015 mandates through Section 12 A that a person who has a dispute that could be tried only under the Act shall first go through mediation exercise, unless resort to court for urgent interim order is necessary, before resorting to litigation.

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