Early Times Report
Srinagar, July 6: In cognizance of Supreme Court which of late has been impressing courts especially family courts to make all efforts to settle disputes through mediation, the J&K High Court has sought details about mediation activities on monthly basis across the state. According to a circular issued by Kaneez Fatima, Registrar General, the presiding officers of all the subordinate court of the state of J&K are hereby impressed upon to submit a monthly statement in respect of mediation activities carried out in their respective courts. "They (courts) have been asked to give number of cases where section 89 CPC and rules framed were followed, number of cases where order X rule 1-A of CPC followed, number of cases referred to ADR centres mediation, number of cases settled and number of cases pending for mediation at the end of the month, the circular reads. Pertinently the Supreme Court of late has been impressing courts especially family courts to make all efforts to settle disputes through mediation. The law, under 89 CPC (Settlement of disputes outside the court), mandates judicial officers to explore the possibility of settlement. It expected them to persuade the litigants to reach an amicable settlement and only if they failed, should the officers dispose of the suit based on merit. Under Section 89 of the Civil Procedure Code, 1908, if a court sees the possibility of settlement in a case, it may refer parties to arbitration, conciliation or mediation. In mediation, a third party (the mediator) assists the parties in negotiating their own settlement.
|
