18/04/2021
ADR
The need of ADR is real and urgent for the purpose of providing social justice to the common man, by adopting creative methods and approach of dispute resolution. The reason why ADR is gaining popularity throughout the world is because it is private, affordable and prompt, in comparison to the adversarial process which is public, expensive and time consuming.
The Government of India has taken a proactive measure for reducing the court cases and de-cluttering our courts by introducing an amendment in the Code of Civil Procedure, 1908 (CPC) in the year 1999, which came into effect from 01.07.2002. Section 89 was incorporated in Code of Civil Procedure, 1908 as a result of the above amendment.
Section 89 provides for five different modes of Alternative Dispute Resolution mechanism. Out of the five modes of ADR, Mediation is one of the accepted modes of ADR globally. It has been enthusiastically embraced by a number of countries all over the world, often making it a mandatory stage prior to the institution of the court process. It is a boon to the legal framework leading to higher returns and is satisfying.