Section 89 Code of Civil Procedure 1908 mandates court to RECOMMEND ADR:
Answer & Solution
Correct answer: A.
1. Section 89 Code of Civil Procedure 1908 (substituted by the CPC (Amendment) Act 1999, effective 1 July 2002) mandates court to recommend ALTERNATIVE DISPUTE RESOLUTION:
2. (1) Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations, and after receiving the observations of the parties, the court may reformulate the terms of a possible settlement and REFER the same for:
3. (a) ARBITRATION;
4. (b) CONCILIATION;
5. (c) JUDICIAL SETTLEMENT INCLUDING SETTLEMENT THROUGH LOK ADALAT; OR
6. (d) MEDIATION.
7. (2) Procedure prescribed for each mode.
8. The Salem Advocate Bar Association v. UoI (2003) and (2005) gave further procedural guidance.
9. The Mediation and Conciliation Project Committee of the Supreme Court (MCPC) trains mediators.
10. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Code of Civil Procedure 1908, Section 89 (substituted by 1999 Amendment)_
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