Resolving Pending Cases through Alternative Dispute Resolution under Section 89 of Civil Procedure Code

Abstract

Alternative Dispute Resolution refers to a variety of techniques for resolving disputes by means other than litigation. ADR System seeks to provide cheap, simple, quick and accessible justice. The object behind this provision is to avoid multiplicity of litigation, save valuable time, money and permit parties to amicably come to a settlement which is lawful, is in writing and is a voluntary act on the part of the parties. Further, to reduce burden of the court. The general principle is that all matters, which can be settled in a suit, can also be settled by means of compromise. The Act of 1999 has introduced a new provision, section 89 where the court may by itself, proactively refer a dispute for ADR methods such as Arbitration, Mediation, Conciliation and judicial settlement through Lok Adalat if it appears that elements of settlement, which may be acceptable to the parties to the dispute. This paper is intended to give an overview of procedural aspects as contained in Civil Procedure Code as well as of the different methods of Alternative Dispute Resolution with special reference to the judgement of the Hon’ble Supreme Court in the case of Afcons Infrastructure Limited and Another vs. Cherian Varkey Construction Company Pvt. ltd. & ors. 2010 by briefly overviewing the history of the section, the recommendations of various law commissions with respect to the same, the relation of the section with other statutes of India and the position of the provision as it stands today. This paper tries to explicit the categories of cases which are suited for ADR processes and the cases which are not suitable for ADR processes. Then the focus shifts on analysing the conditions, advantages and weakness of ADR. This paper ends by providing some recommendations for solving the issues concerned with Alternative Dispute Resolution.