ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

An Abstract of the Thesis titled

ALTERNATIVE DISPUTE RESOLUTION MECHANISM A CASE STUDY OF DELHI

Submitted to the University of Delhi for award of the Degree of PhD (Law)

By

SAURABH KULSHRESHTHA

Under the Supervision of

DR RAMAN MITTAL

Faculty of Law University Of Delhi

Delhi-110007

(August 2012)

i

TABLE OF CONTENTS

CHAPTER I INTRODUCTION

1 AN OVERVIEW OF ALTERNATIVE DISPUTE RESOLUTION 11 THE CONCEPT OF ADR 12 CLASSIFICATION OF ADR PROCESSES 13 ADR = ADDITIONAL APPROPRIATE DISPUTE RESOLUTION 14 ADVENT OF ADR IN INDIA 15 TRACING THE DEVELOPMENT OF ADR IN INDIA 16 REASONS FOR GROWTH OF ADR - UTILITY AND ADVANTAGES

OF ADR 17 OUTLINE OF DIFFERENT ADR PROCESSES 18 ADR IN DELHI ndash A PROLOGUE

2 REASONS FOR THE STUDY 3 OBJECTIVES OF THE STUDY 4 RESEARCH METHODOLOGY 5 OVERVIEW OF CHAPTERS

CHAPTER II MEDIATION

1 THE CONCEPT OF MEDIATION 2 THE MEDIATION PROCESS

21 INTRODUCTION (OPENING STATEMENT) 22 JOINT SESSION 23 CAUCUS 24 REPEATED JOINT AND PRIVATE SESSIONS 25 SETTLEMENT

3 ROLE OF THE MEDIATOR 4 ADVANTAGES OF MEDIATION

41 COST EFFECTIVE AND EXPEDITIOUS RESOLUTION 42 CREATIVE SOLUTIONS 43 A WIN-WIN SITUATION 44 PRESERVATION OF RELATIONSHIPS 45 CONFIDENTIALITY

5 MEDIATION AS AN ADR MECHANISM IN DELHI 51 PROLOGUE 52 MEDIATION AT THE DELHI MEDIATION CENTRE 53 MEDIATION AT THE DELHI HIGH COURT MEDIATION AND

CONCILIATION CENTRE (SAMADHAN) 54 MEDIATION AT THE DELHI DISPUTE RESOLUTION SOCIETY 55 PRIVATE INSTITUTIONAL MEDIATION IN DELHI

6 ISSUES PERTAINING TO MEDIATION 61 ENFORCEMENT OF A MEDIATION SETTLEMENT 62 LACK OF A COMPREHENSIVE STATUTORY FRAMEWORK

ii

63 INADEQUATE USE OF PRE LITIGATION MEDIATION 64 LACK OF AWARENESS AND SETTLEMENT CULTURE

7 EPILOGUE

CHAPTER III LOK ADALATS AND PERMANENT LOK ADALATS

1 THE CONCEPT OF LOK ADALAT 2 EVOLUTION OF LOK ADALATS 3 LOK ADALATS ndash PRACTICES AND PROCEDURES 4 ADVANTAGES OF LOK ADALATS 5 LOK ADALATS IN DELHI

51 LOK ADALATS ORGANIZED BY DELHI LEGAL SERVICES AUTHORITY

52 LOK ADALATS ORGANIZED BY DELHI HIGH COURT LEGAL SERVICES COMMITTEE

6 ACHIEVEMENTS OF LOK ADALATS IN DELHI 7 ISSUES REGARDING LOK ADALATS

71 LOK ADALATS ARE NOT APPOSITE FOR COMPLEX CASES 72 LACK OF CONFIDENTIALITY 73 AURA OF COURT PROCEEDINGS 74 DIMINISHED PARTY AUTONOMY

8 EFFICACY OF LOK ADALATS 9 PERMANENT LOK ADALATS

91 CONCEPT OF PERMANENT LOK ADALATS 92 PERMANENT LOK ADALATS ndash WHETHER AN ADR MECHANISM 93 PERMENENT LOK ADALATS IN DELHI AND THEIR

ACHIEVEMENTS

10 EPILOGUE

CHAPTER IV ARBITRATION

1 CONCEPT OF ARBITRATION 2 HISTORICAL BACKGROUND OF ARBITRATION IN INDIA 3 TYPES OF ARBITRATION

31 DOMESTIC FOREIGN AND INTERNATIONAL ARBITRATION 32 INSTITUTIONAL AND AD HOC ARBITRATION

4 THE ARBITRATION PROCESS 41 ARBITRATION AGREEMENT 42 APPOINTMENT OF ARBITRATOR(S) 43 INTERIM MEASURES IN ARBITRATION 45 ARBITRAL PROCEEDINGS 46 ARBITRAL AWARD 47 SETTING ASIDE OF ARBITRAL AWARD

iii

48 ENFORCEMENT OF ARBITRAL AWARD

5 ADVANTAGES AND MERITS OF ARBITRATION 51 PRIVACY AND CONFIDENTIALITY

52 CONVENIENCE OF PARTIES AND FLEXIBILITY OF PROCEDURE 53 LIBERTY TO CHOOSE ARBITRATOR 54 ARBITRATION IS POTENTIALLY EXPEDITIOUS 55 FINALITY OF AWARDS 56 EXTENSIVE ENFORCEABILITY OF ARBITRAL AWARDS

6 ARBITRATION IN DELHI 61 DELHI HIGH COURT ARBITRATION CENTRE (DAC) 62 INDIAN COUNCIL FOR ARBITRATION (ICA) 63 INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE

RESOLUTION (ICADR) 64 FICCI ARBITRATION AND CONCILIATION TRIBUNAL (FACT) 65 CONSTRUCTION INDUSTRY ARBITRATION COUNCIL (CIAC) 66 LCIA INDIA 67 AD HOC ARBITRATION IN DELHI 68 ARBITRATION CASES IN COURTS AT DELHI

7 ISSUES PERTAINING TO ARBITRATION

71 HIGH COST FACTOR 72 ETHICAL CONCERNS 73 THE PROBLEM OF DELAY 74 INSTITUTIONAL ARBITRATION VIS-Agrave-VIS AD HOC ARBITRATION 75 JUDICIAL INTERVENTION IN THE ARBITRAL PROCESS

8 EPILOGUE

CHAPTER V CONCILIATION

1 THE CONCEPT OF CONCILIATION 2 HISTORY OF CONCILIATION IN INDIA 3 PROCESS OF CONCILIATION

31 COMMENCEMENT OF CONCILIATION AND APPOINTMENT OF CONCILIATOR

32 PROCEDURE IN CONCILIATION AND ROLE OF CONCILIATOR 33 THE SETTLEMENT AGREEMENT 34 TERMINATION OF CONCILIATION PROCEEDINGS

4 ADVANTAGES OF CONCILIATION 41 COST EFFECTIVE AND EXPEDITIOUS PROCESS 42 AUTONOMY AND CONVENIENCE OF PARTIES 43 CREATIVE SOLUTIONS REMEDIES 44 PARTY SATISFACTION AND HARMONY 45 CONFIDENTIALITY 46 ENFORCEABILITY OF CONCILIATION SETTLEMENT

AGREEMENT

5 CONCILIATION VIS-Agrave-VIS MEDIATION 6 CONCILIATION IN DELHI

iv

61 ICADR CONCILIATION IN DELHI 62 ICA CONCILIATION IN DELHI 63 FACT CONCILIATION IN DELHI 64 PRE LITIGATION AD HOC CONCILIATION IN DELHI 65 CONCILIATION UNDER SPECIFIC LEGISLATIONS IN DELHI

7 ISSUES PERTAINING TO CONCILIATION 71 INADEQUATE USE OF CONCILIATION IN DELHI AT THE POST

LITIGATION STAGE 72 SCOPE OF CHALLENGE TO A CONCILIATION SETTLEMENT 73 NO SUSPENSION OF LIMITATION PERIOD IN PRE LITIGATION

CONCILIATION 74 LACK OF AWARENESS

8 NEED FOR STATE SPONSORED PRE LITIGATION CONCILIATION 9 EPILOGUE

CHAPTER VI ALTERNATIVE DISPUTE RESOLUTION UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE

1 SECTION 89 CPC ndash INTRODUCTION 2 OBJECTIVE OF ENACTMENT OF SECTION 89 CPC 3 FORMULATING AND REFORMULATING THE TERMS OF SETTLEMENT

UNDER SECTION 89 CPC 4 SECTION 89 CPC ndash ITrsquoS MANDATORY NATURE AND PROCEDURE FOR

REFERRAL 5 THE ROLE OF REFERRAL JUDGES 6 ADR MECHANISMS AVAILABLE UNDER SECTION 89 CPC

61 ARBITRATION 62 CONCILIATION 63 LOK ADALATS 64 MEDIATION 65 JUDICIAL SETTLEMENT

7 NEED FOR AMENDMENT OF SECTION 89 CPC 8 EFFICACY OF SECTION 89 CPC IN DELHI 9 EPILOGUE

CHAPTER VII CONCLUSIONS AND SUGGESTIONS

1 SUMMARY OF CONCLUSIONS 2 SUGGESTIONS

21 LEGISLATIVE MEASURES 22 ADMINISTRATIVE AND ALLIED MEASURES

3 EPILOGUE

1

Title of the Thesis Alternative Dispute Resolution Mechanism A Case Study of Delhi

Name of the Scholar Saurabh Kulshreshtha Name of the Supervisor Dr Raman Mittal

INTRODUCTION

Alternative Dispute Resolution or ADR refers to an assortment of

dispute resolution procedures that primarily serve as alternatives to litigation

and are generally conducted with the assistance of a neutral and independent

third party1 Mediation Conciliation Arbitration Lok Adalats Med-Arb Early

Neutral Evaluation and Mini Trial are some of the examples of ADR

procedures ADR is essentially based on the philosophy that a dispute is a

problem to be solved together rather that a combat to be won and it visualizes

a participative and collaborative effort of the disputant parties facilitated by

the ADR neutral to arrive at an acceptable resolution of the dispute outside

the litigative process

The primary objective of every legal system is to render justice2 and

access to justice is one of the cherished goals which is the sine qua non for

the existence of a democratic and civilized state It is therefore one of the

prime functions of a welfare state to provide adequate dispute-resolution

mechanisms and indeed in a democratic society people must have effective

access to such dispute resolution mechanisms as the maxim lsquoubi jus ibi

remediumrsquo cannot be permitted to be reduced to an empty promise

Characterized by a huge and continuously increasing population and

limited resources lsquoaccess to justice for allrsquo in India is still a distant dream even

after six decades of independence The judicial system in India laden with

insurmountable arrears marred by a poor judge to population ratio and 1 This is also the accepted connotation in which Alternative Dispute Resolution is understood the world over See Alternative Dispute Resolution Act 1998 (USA) Alternative Dispute Resolution Act 2004 (Republic Of Philippines) website of National Alternative Dispute Resolution Advisory Council Australia httpwwwnadracgovau (last visited on 12052011) etc 2 Justice is a guarantee which even the Preamble to the Constitution of India seeks to secure to all the citizens of India

2

attended with procedural complexities inherent delays and soaring expenses

in the recent past had entered into a phase where its credibility and efficacy

was getting eroded to a considerable extent This propelled the search for

new alternatives and the result was the advent of the ADR in its contemporary

modern incarnation and undoubtedly over these years ADR has proved to be

one of the most promising remedies which have been advocated to counter

the problems faced by the justice delivery system

The enactment of the Legal Services Authorities Act 19873 and the

Arbitration and Conciliation Act 1996 unequivocally demonstrates the

legislative consciousness and concern towards the necessity and importance

of ADR in India However the turning point in the ADR movement was the

legislative mandate articulated in the enactment of section 89 CPC4 followed

by an extraordinary committed and concerted judicial endeavour which

triggered an ADR revolution in India of a stature which was unprecedented

and preeminently unmatchable

In the recent past the ADR revolution has gained tremendous

momentum in India not only on account of ADR being an effective instrument

for clearing the judicial dockets but also because it steers clear of rigidity and

complexity and offers an additional economical and expeditious remedy for

resolution of disputes a remedy which is fairly appropriate in the given state

of affairs The Supreme Court and the High Courts have also vociferously

advocated the pervasive use of ADR and have themselves taken myriad

initiatives for popularizing and promoting ADR in India

Delhi is a legally advanced city and the variety complexity and

enormity of litigation in Delhi has no parallels as far as India is concerned

Burdened with colossal spurt in litigation on the one hand and adorned with

superior infrastructure flourishing trade and commerce vibrant corporate

sector and educated and aware masses on the other hand Delhi has

tremendous potential for development of ADR and indeed Delhi has been one

3 The Legal Services Authorities Act 1987 inter alia deals with Lok Adalats and Permanent Lok Adalats which are quite popular ADR fora 4 Section 89 was introduced into the Code of Civil Procedure 1908 by the Code of Civil Procedure (Amendment) Act 2002 with effect from 01072002

3

of the pioneers in the adoption and implementation of ADR Albeit a whole

gamut of procedures are available under the umbrella of ADR primarily four

ADR processes namely Mediation Lok Adalats Arbitration and Conciliation

have attained noteworthy recognition in Delhi 5 ADR has been extremely

effective in Delhi in the recent past and although it is a developing subject it

has tremendous potential in times to come What is however required is a

comprehensive legislative framework effective and proper implementation

and institutionalization constant evaluation and monitoring a concerted

endeavour to rectify the flaws and correct the aberrations proper education

training and publicity and most importantly revolutionizing the mindset of the

masses

In this backdrop the topic of this research - Alternative Dispute

Resolution Mechanism A Case Study of Delhi was found appropriate and

approved by the Board

OBJECTIVES OF THE STUDY

The concise objectives of this research are to ascertain examine and

analyze the concept and law relating to ADR to further ascertain examine

and analyze the framework avenues practices and procedures relating to

ADR and more specifically relating to four individual ADR processes namely

Mediation Conciliation Lok Adalats amp Permanent Lok Adalats and Arbitration

with reference to Delhi and to further ascertain and analyze their necessity

advantages and shortcomings and further to evaluate their efficacy and

accomplishments again with reference to Delhi and to further formulate

plausible remedial measures for overcoming the shortcomings and propose

suggestions for their better and more effective implementation and progress in

Delhi

RESEARCH METHODOLOGY

This study has been a combination of doctrinal as well as empirical

research Extensive doctrinal research has been done on the subject and both

primary and secondary sources from India as well as from foreign 5 The other ADR procedures such as early neutral evaluation mini trial dispute review boards med-arb expert determination etc have not been able to attain widespread recognition as yet in Delhi

4

jurisdictions have been analyzed The empirical research was conducted

through observation as well through interviews (both structured and

unstructured) inter alia using the questionnaire method Individual cases were

also examined and analyzed so as to further understand the practical aspects

in a better manner This research work is also based on my personal

observations and the experiences and opinions of the other members of the

legal fraternity I also attended various conferences refresher courses and

trainings on ADR which enabled me to ascertain the viewpoints of other

members of the legal fraternity and understand the nuances and practicalities

concerning the subject in a broader perspective

OVERVIEW OF THE CHAPTERS

CHAPTER I - INTRODUCTION

Chapter I in the beginning gives a concise yet fairly comprehensive

exposition of the concept of ADR in general and then proceeds to explain the

reasons for the advent of ADR in India and traces the growth of ADR in India

This chapter further highlights the requirement relevance utility and

advantages of ADR and gives an insight into the customary ADR processes

such as mediation conciliation lok adalats arbitration mini trial early neutral

evaluation med-arb etc It then proceeds to give a brief overview of the state

of affairs with respect to development of ADR in Delhi

In the end this chapter also outlines the reasons behind this research

the objectives of the study the research methodology and the sources of

study and further gives a brief overview of all the chapters

CHAPTER II ndash MEDIATION

Chapter II elaborately deals with mediation as an ADR mechanism with

special reference to Delhi This chapter first of all explains the concept and

process of mediation the role of the mediator and the advantages of

mediation

This chapter then proceeds to discuss the pre litigation and post

litigation mediation framework and avenues available in Delhi giving specific

details about the mediation centres at Delhi district courts the Delhi High

5

Court Mediation and Conciliation Centre (Samadhan) the mediation centres

established under the aegis of the Delhi Dispute Resolution Society mooted

by the Government of NCT of Delhi and other private avenues of mediation

such as LCIA India etc It simultaneously expounds the concept practices

and procedure of court annexed mediation at the mediation centres at Delhi

inter alia referring to various judicial pronouncements on the subject including

Salem Advocate Bar Association v Union of India AIR 2003 SC 189 Salem

Advocate Bar Association v Union of India (II) AIR 2005 SC 3353 and Afcons

Infrastructure Ltd v Cherian Varkey Construction Co (P) Ltd JT 2010 (7)

SC 616 This chapter further specifically highlights the achievements of

mediation in Delhi after succinctly referring to the statistical data resultantly

establishing and analyzing the efficacy of mediation as an ADR mechanism in

Delhi

It the end this chapter proceeds to examine and analyze the issues and

concerns pertaining to mediation in light of the doctrinal research and

empirical study conducted in Delhi It distinctively highlights the absence of a

statutory framework with respect to mediation and underscores the need of a

comprehensive legislation on mediation

CHAPTER III ndash LOK ADALATS AND PERMANENT LOK ADALATS

Chapter III elaborately deals with Lok Adalats and Permanent Lok

Adalats as ADR mechanisms with special reference to Delhi This chapter in

the beginning explains the concept evolution law practices and procedures

of Lok Adalats and the advantages offered by them as ADR fora Lok Adalats

possess statutory recognition under the Legal Services Authorities Act 1987

and regular references have also been made to the relevant statutory

provisions and the significant judicial pronouncements

This chapter further proceeds to discuss the framework of Lok Adalats

as ADR fora in Delhi giving an overview of various Lok Adalats viz continuous

Lok Adalats special Lok Adalats mega Lok Adalats etc organized by Delhi

Legal Services Authority at the district courts level and the Delhi High Court

Legal Services Committee at the Delhi High Court level

6

This chapter thereafter specifically highlights the achievements of Lok

Adalats in Delhi after succinctly referring to the statistical data examines and

analyzes the issues pertaining to Lok Adalats with reference to the doctrinal

research as well as the empirical research conducted in Delhi and discusses

the efficacy of Lok Adalats as an ADR mechanism in Delhi

The last part of this chapter deals with the concept of Permanent Lok

Adalats and their status as an ADR mechanism and goes on to expound the

framework of Permanent Lok Adalats in Delhi succinctly referring to the

statistical data and concluding with an analysis of achievements and success

of Permanent Lok Adalats in Delhi

CHAPTER IV ndash ARBITRATION

Chapter IV elaborately deals with the adjudicatory ADR mechanism ndash

Arbitration This chapter first of all gives an insight of the concept of

arbitration types of arbitration and the historical background of arbitration in

India It then expounds the process of arbitration which is governed by the

Arbitration and Conciliation Act 1996 referring to the relevant statutory

provisions and the significant judicial pronouncements It further explains the

advantages of arbitration as a dispute resolution mechanism

This chapter thereafter proceeds to elaborately discuss analyze the

continuum of arbitration avenues available in Delhi specifically referring to

various permanent arbitral institutions flourishing in Delhi such as the Indian

Council of Arbitration (ICA) International Centre for Alternative Dispute

Resolution (ICADR) LCIA (London Court of International Arbitration) India

Delhi High Court Arbitration Centre (DAC) FICCI Arbitration and Conciliation

Tribunal (FACT) Construction Industry Arbitration Council (CIAC) etc

This chapter further gives an outline of the arbitration cases before the

Delhi High Court and the district courts in Delhi referring to the statistical data

The chapter then proceeds to examine and analyze the issues and concerns

pertaining to arbitration with reference to the doctrinal research as well as the

empirical research conducted in Delhi and ends by highlighting the pervasive

presence of arbitration in Delhi despite the individual and procedure

generated aberrations which have come to be associated with arbitration and

7

endorsing its potential as an excellent ADR mechanism for resolution of

commercial disputes

CHAPTER V ndash CONCILIATION

Chapter V elaborately deals with conciliation as an ADR mechanism

with special reference to Delhi It first of all explains the concept and process

of conciliation and the role of the conciliator and highlights the advantages of

conciliation referring to the relevant provisions of the Arbitration and

Conciliation Act 1996 and the applicable case law

This chapter further elaborately discusses the distinction between

mediation and conciliation which are fundamentally similar processes being

species of the generic process of plain facilitated negotiation

This chapter thereafter expounds a range of conciliation options

available in Delhi specifically referring to institutional conciliation under the

auspices of Indian Council of Arbitration (ICA) International Centre for

Alternative Dispute Resolution (ICADR) and FICCI Arbitration and Conciliation

Tribunal (FACT) and also gives an overview of conciliation under specific

legislations in Delhi

The last part of the chapter examines and analyzes the issues

pertaining to conciliation with reference to the doctrinal research as well as

the empirical research conducted in Delhi and highlights the inadequate use

of conciliation at the post litigation stage on account of the preferential

treatment given to mediation and ends by asserting the immense potential of

conciliation as an ADR mechanism and the requirement of giving adequate

publicity to conciliation

CHAPTER VI ndash ALTERNATIVE DISPUTE RESOLUTION UNDER SECTION 89 CPC

Chapter VI elaborately expounds the contribution of section 89 CPC to

ADR jurisprudence with special reference to Delhi In the beginning it explains

the nature and ambit of section 89 CPC and highlights the reasons for

incorporating section 89 CPC in the statute book This chapter then proceeds

to outline the procedure enshrined under section 89 CPC and also gives an

8

insight into the role of referral judges in ensuring that the salutary objective

behind the incorporation of section 89 CPC is accomplished

This chapter then proceeds to discuss and analyze the available ADR

mechanisms under section 89 CPC with special reference to Judicial

Settlement as an ADR mechanism specifically referring to the judgment of the

Supreme Court in Afcons Infrastructure Ltd v Cherian Varkey Construction

Co (P) Ltd JT 2010 (7) SC 616 It further analyses certain legislative drafting

errors in section 89 CPC and the need for amending section 89 CPC to iron

out the creases and overcome the shortcomings

The last part of this chapter illustrates the efficacy and use of section

89 CPC and the individual ADR mechanisms available under section 89 CPC

with reference to Delhi and impresses that section 89 CPC has resulted in a

paradigm shift by the introduction of ADR in to the mainstream litigative

process and has thereby helped in giving a massive boost to the ADR

revolution

Chapter VII Summary of Conclusions and Suggestions

In the first part of this chapter an earnest attempt has been made to

assimilate the broad and generalized propositions and conclusions embodied

in all the preceding chapters with brevity and precision The second part of the

chapter comprehensively expounds some of the plausible legislative

administrative and other allied remedial measures for rectifying the flaws

observed during the research and also contains an exposition of a whole

gamut of other suggestions for the better and effective implementation and

systematic growth of ADR in Delhi from a pragmatic point of view

A summary of conclusions and suggestions is being provided

hereunder for an overview however the detailed exposition of the same would

form part of the thesis

SUMMARY OF CONCLUSIONS

1 ALTERNATIVE DISPUTE RESOLUTION

11 ADR has proved to be one of the most significant instruments for

contemporary dispute resolution and judicial reform and it has become an

9

absolute necessity in Delhi The enormous spurt in litigation and the

insurmountable arrears of cases piling up in the courts in Delhi coupled with

escalating costs and inherent delays of the litigative process make ADR a

sine qua non for preventing the judicial system from collapsing Initially

advocated as a safety valve and a via media to divert the burden on the

clogging judicial system ADR in the contemporary period has not only

accomplished the goal of clearing the judicial dockets but has also become

an inalienable part of the justice delivery system providing an additional and

appropriate mode of resolution of disputes in an economical expeditious and

acceptable manner

12 ADR however is not intended to supplant altogether the judicial

system and it only offers an additional mode of dispute resolution and is

therefore sometimes referred to as Additional Dispute Resolution In fact the

judicial system and ADR need to operate collaboratively so that the ultimate

goal of justice for all is achieved Further ADR aims at providing a remedy to

disputant parties which is most appropriate in the circumstances of the case

and is therefore also referred to as Appropriate Dispute Resolution6

13 A continuum of individual ADR mechanisms are available in Delhi but

arbitration mediation conciliation and dispute resolution through Lok Adalats

and Permanent Lok Adalats are the primary ones which flourish in Delhi

These ADR mechanisms have been quite successful and effective in Delhi

and the statistical and empirical data reflects their success in relieving docket

congestion and as instruments of effective dispute resolution

14 ADR has been extremely effective in Delhi in the recent past and it has

tremendous potential in times to come and time is not far when ADR would be

the preferred and inevitable option as a mode of dispute resolution at the pre-

litigation stage itself

6 See also Law Reform Commission Ireland Report on Alternative Dispute Resolution Mediation and Conciliation LRC 98-2010 November 2010 available at httpwwwlawreformie (last visited on 10042010) See also httpwwwnadracgovau (last visited on 12052011)

10

2 MEDIATION

21 Mediation in its contemporary incarnation is an ADR process where a

specially trained mediator facilitates the parties in arriving at an amicable

settlement through a structured process involving different stages viz

introduction joint session caucus and agreement

22 Mediation has distinct advantages - it is cost effective and expeditious

it enables the parties to devise creative tailor-made solutions results in a win-

win situation thereby preserving relationships and is confidential

23 Delhi is fortunate to have four court annexed mediation centres at the

district courts7 and the Delhi High Court Mediation and Conciliation Centre8

possessing state of the art infrastructure manned by professional and trained

mediators and functioning under the aegis of the Delhi High Court Mediation

at these centres is a full time professional affair and the Mediation and

Conciliation Rules 2004 have also been framed by the Delhi High Court for

facilitating mediation at these centres

24 Mediation has emerged as the frontrunner in the ADR revolution which

is gaining momentum in Delhi At the post litigation stage mediation is

perhaps the most preferred mode of dispute resolution especially for

complicated multifaceted and long standing disputes Statistics reveal that in

all the five court annexed mediation centres in Delhi till date more than 55000

cases (including connected cases) in total have been settled through

mediation9

25 Mediation centres at different districts have also been established by

the Delhi Dispute Resolution Society mooted by the Government of NCT

Delhi LCIA India and ICADR also provide private professional institutional

mediation services on a chargeable basis in Delhi

7 Mediation Centres are functioning at Tis Hazari Rohini Karkardooma and Rohini district court complexes in Delhi 8 Delhi High Court Mediation and Conciliation Centre known as lsquoSamdhanrsquo is housed in the Delhi High Court building 9 See httpwwwdelhimediationcentregovin (last visited on 20082012)

11

26 Mediation at the pre litigation stage however has not made much

headway on account of lack of statutory framework albeit we have a range of

institutional and ad hoc options available in Delhi for pre litgation mediation

also

3 LOK ADALATS AND PERMANENT LOK ADALATS

31 Lok Adalats meaning lsquoPeoplersquos Courtsrsquo are ADR fora where the Lok

Adalat Judge steers the disputant parties towards a negotiated settlement by

the use of the generic process of conciliation Lok Adalats can dispose of the

matter only on the basis of settlement and compromise and such settlement

gets crystallized in the form of the award of the Lok Adalat which is final and

is executable as a decree of the court Lok Adalats have statutory recognition

under the Legal Services Authorities Act 1987

32 Lok Adalats have proved to be extremely efficacious in Delhi for

disposal of simple straightforward cases such as complaints under section

138 of the Negotiable Instruments Act bank recovery suits electricity

disputes motor accident claim cases traffic challans etc although they may

not prove to be the most apposite ADR mechanism for resolution of complex

cases such as partition suits family disputes complex commercial cases

matrimonial disputes etc The prime reasons for the same are availability of

limited time with the Lok Adalat judges heavy cause lists lack of continuous

personalized attention want of confidentiality limited number of sittings

(sometimes only one) with the same Lok Adalat Judge etc

33 However despite these limitations Lok Adalats are extremely popular

ADR fora in Delhi and are regularly organized by DLSA at the district court

level and by DHCLSC at the Delhi High Court level in the form of continuous

Lok Adalats special Lok Adalats mega Lok adalats etc

34 Lok Adalats in Delhi have disposed of thousands of cases and have

helped a lot in clearing judicial dockets Their efficacy can be appreciated

from the example that from 01042007 to 31032008 the Lok Adalats in Delhi

disposed of more than 129000 cases at the Delhi district courts To cite

another instance in the mega traffic Lok Adalats organized by the DLSA at all

district court complexes in Delhi only in 4 days in September amp December

12

2007 more than 80000 traffic challan cases were disposed of10 The empirical

data reveals that if the number of cases disposed of were the only parameter

Lok Adalats would be crowned as the finest ADR mechanism

35 Permanent Lok Adalats are permanent ADR fora which have been

established under the Legal Service Authorities Act 1987 for resolution of

disputes pertaining to public utility services at the pre litigation stage The

Permanent Lok Adalat initially utilizes the generic process of conciliation to

broker a settlement between the parties and in case the matter is not settled it

proceeds to decide the case on merits except in cases involving a criminal

offence The procedure followed by Permanent Lok Adalats is similar to the

ADR hybrid procedures Med-Arb and Con-Arb11

36 In Delhi various Permanent Lok Adalats are functioning for public utility

services and are disposing of numerous cases Their efficacy can understood

from the example that 3063 cases were disposed of by the Permanent Lok

Adalats constituted for NDPL BSES cases from 01042007 to 3103200812 The disposal of thousands of cases by Permanent Lok Adalats in Delhi is also

a significant contribution to the justice delivery system as all these cases

could have become prospective arrears for the Delhi Judiciary

4 ARBITRATION

41 Arbitration is an adjudicatory ADR mechanism wherein a private judge

ie arbitrator chosen by the parties adjudicates their disputes on merits

through a simplified private process culminating into a binding arbitral award

In India arbitration is governed by the Arbitration and Conciliation Act 1996

42 Arbitration albeit is an adjudicatory process yet it finds itself seated in

the galleries of ADR since it serves as an effective substitute for litigation13

10 Delhi Legal Services Authority 4th Annual Report 2008 11 InterGlobe Aviation Ltd v N Satchidanand (2011) 7 SCC 463 12 Delhi Legal Services Authority 4th Annual Report 2008 13 See Luke R Nottage ldquoIs (International) Commercial Arbitration ADRrdquo 20 The Arbitrator and Mediator 83-92 (2002) available at httppapersssrncom (last visited on 12042012) See also DK Jain ldquoArbitration as a Concept and as a Processrdquo XLI (4) ICA Arbitration Quarterly 1 (January ndash March 2007)

13

43 Arbitration has distinct advantages ndash party autonomy flexibility of

procedure confidentiality potential for expeditious resolution and finality of

arbitral award etc It is however a cause of concern that soaring expenses

unethical practices undue delays and recurrent judicial interruptions are

critically impeding the growth of arbitration as an effective ADR mechanism

Institutional arbitration is one of the plausible solutions to the problem and

needs to be encouraged

44 Be that as it may despite all its individual and procedure generated

aberrations arbitration continues to be widely utilized as an ADR mechanism

in Delhi and especially in the commercial quarters since the atmosphere in

courts is not too conducive for expeditious resolution of high stake commercial

disputes and arbitration becomes the best alternative in this scenario This is

fortified by the pendency of numerous Arbitration Petitions and OMPs

pertaining to arbitration matters before the Delhi High Court and the Delhi

district courts

45 There are various permanent arbitral institutions flourishing in Delhi

such as Indian Council of Arbitration (ICA) International Centre for Alternative

Dispute Resolution (ICADR) LCIA (London Court of International Arbitration)

India Delhi High Court Arbitration Centre (DAC) FICCI Arbitration and

Conciliation Tribunal (FACT) Construction Industry Arbitration Council (CIAC)

etc which provide state of the art infrastructure for resolution of disputes

through arbitration in a professional manner and point towards the prosperity

of arbitration in Delhi The establishment of the Delhi High Court Arbitration

Centre (DAC) under the aegis of the Delhi High Court 14 has marked the

beginning of a new era of cost effective and expeditious institutional

arbitration

16 Arbitration has great potential in Delhi and time is not far when majority

of the commercial disputes will be resolved through arbitration however some

reforms are unquestionably desirable in this branch of ADR

14 DAC was inaugurated on 25112009 by Justice KG Balakrishnan Chief Justice of India and is housed in the premises of the Delhi High Court Sher Shah Road New Delhi

14

5 CONCILIATION

51 Conciliation is an ADR mechanism where the ADR neutral known as

the conciliator steers the disputant parties towards a negotiated settlement

Conciliation is governed by the provisions of part III of the Arbitration and

Conciliation Act 1996 in India

52 Conciliation is strikingly similar to mediation however in India the

introduction of the two terms separately in section 89 CPC has necessitated

the development of a fine line of distinction between mediation and

conciliation The conciliator plays an evaluative and interventionist role and is

statutorily authorized to make suggestions and propose plausible solutions to

the parties while mediation is regarded as an ADR process which is primarily

facilitative

53 The principal advantage in conciliation is that a conciliation settlement

agreement is treated to be an arbitral award on agreed terms and is

executable as a decree of the court under the Arbitration and Conciliation Act

199615

54 It is primarily because of this advantage that conciliation overshadows

mediation as an ADR mechanism at the pre-litigation stage in Delhi There are

various institutions in Delhi such as Indian Council of Arbitration (ICA)

International Centre for Alternative Dispute Resolution (ICADR) FICCI

Arbitration and Conciliation Tribunal (FACT) etc which provide state of the

art infrastructure professional conciliators and excellent facilities for

conciliation There are various private companies and PSUs in Delhi which

incorporate conciliation clauses in their contracts and go in for conciliation at

the pre litigation stage conducted either by ad hoc conciliators appointed by

the parties by mutual accord or by institutions providing conciliation services

55 At the post litigation stage however the situation is diametrically

opposite Conciliation is though utilized in Delhi by the courts themselves for

resolution of matrimonial and family disputes under the Hindu Marriage Act

1955 Family Courts Act 1984 etc however in general the process of

15 Ss 30 36 amp 74 Arbitration and Conciliation Act 1996

15

mediation overshadows conciliation as a dispute resolution process under

section 89 CPC at the post litigation stage in Delhi

56 The prime reason for this is the judiciaryrsquos choice of mediation over

conciliation The process of mediation has been given wide publicity and

recognition in Delhi as a court sponsored mode of dispute resolution and

since both conciliation and mediation are generically similar the process of

mediation is extensively used at the post litigation stage at the court annexed

mediation centres and flourishes in Delhi whereas conciliation remains

practically unexplored in this arena16

57 Conciliation has great potential in Delhi as an ADR mechanism

however it is not being utilized to its full potential Therefore there is an urgent

need to appreciate the utility of this ADR process and take necessary

measures for advocating propagating popularizing and utilizing conciliation

as an ADR process in Delhi especially at the post- litigation stage

6 ADR UNDER SECTION 89 CPC

61 Section 89 CPC embodies the legislative mandate to courts for

exploring the possibility of a resolution of a dispute de hors the litigative

process in matters pending for judicial determination and if found appropriate

refer the dispute to any of the ADR processes provided therein namely

arbitration conciliation mediation lok adalats and judicial settlement

62 The initiatives taken by the Supreme Court in Salem Advocate Bar

Association v Union of India17 and Salem Advocate Bar Association v Union

of India (II)18 gave the initial momentum to use of ADR in courts pursuant to

section 89 CPC Thereafter in Afcons Infrastructure Ltd v Cherian Varkey

Construction Co (P) Ltd 19 which can be described as a comprehensive

practical guide for effective use of section 89 CPC the Supreme Court has

16 The centres at district courts in Delhi are designated as Mediation Centres only and in practice also they administer dispute resolution through the process of mediation only although the rules framed by the Delhi High Court have been classified as the Mediation and Conciliation Rules 2004 17 AIR 2003 SC 189 18 AIR 2005 SC 3353 19 JT 2010 (7) SC 616

16

given detailed practical guidelines so that section 89 CPC can be utilized so

as to achieve the best results

63 In the Afcons case (supra) the Supreme Court has also directed

interchange of clauses (c) and (d) of section 89 (2) CPC by interpretative

process to correct the draftsmans error so as to give a purposive

interpretation to mediation and judicial settlement under section 89 CPC

64 Section 89 CPC is being efficiently utilized in Delhi Mediation and Lok

Adalats are the most widely employed ADR mechanisms in terms of section

89 CPC Delhi However Arbitration and Conciliation are being rarely resorted

to and judicial settlement is not being employed at all in terms of section 89

CPC in Delhi

65 The mediation revolution which has stormed Delhi with the

establishment of numerous mediation centres is an upshot of section 89 CPC

only and the overall results peg mediation as the most efficient ADR

mechanism under section 89 CPC both in terms of quality of disposal as well

quantum of disposal and therefore mediation has emerged as the primary

ADR process in courts in Delhi

66 Be that as it may section 89 CPC has given a massive boost to the

ADR revolution in Delhi and has resulted in a paradigm shift by the

introduction of ADR in the mainstream litigative process and has thereby

helped in developing a settlement culture

7 In the end I conclude that ADR has been extremely effective in Delhi in

the recent past and it has great potential in times to come The ADR

movement was initially advocated as an escape route for the heavy traffic

which was blocking the paths of justice in our judicial system however with

the passage of time ADR has created a niche for itself and it has in fact

become an indispensable part and parcel of the contemporary justice delivery

system I further hope that in future ADR flourishes in Delhi and it indubitably

will not on account of the inadequacies of the traditional justice delivery

system but as an independent mechanism offering effective economical and

expeditious resolution of disputes outside the conventional litigative process

17

so that not only access to justice for all but also de facto justice for all

becomes a reality

SUMMARY OF SUGGESTIONS

1 LEGISLATIVE MEASURES

11 A separate comprehensive legislation on ADR dealing with all forms of

ADR in all respects is the key to further systematic and satisfactory growth

and development of ADR

12 In the interregnum there is an urgent need to afford statutory

recognition to mediation which has already developed as the frontrunner in

the ADR revolution and therefore legislation of a Mediation Act on the lines of

Part III of the Arbitration and Conciliation Act 1996 is the need of the hour

13 Arbitration Division at High Courts should be statutorily created for

exclusively dealing with arbitration matters which should also monitor special

courts for arbitration matters at the district court level

14 An Arbitral Council of India should be created as a statutory body for

regulating domestic arbitration

15 A Code of Conduct Code of Ethics for arbitrators should be introduced

via appropriate legislation delegated legislation amendment so as to

maintain the impartiality independence purity and quality of arbitration

16 A provision to regulate the process of appointment of arbitrator by

putting a full stop on unilateral appointments in domestic ad hoc arbitrations

should be incorporated in the law

17 Statutory provisions prescribing a time limit for completion of arbitration

proceedings and for imposition of costs for adjournments should be

introduced and the provision providing for automatic suspension of arbitral

award once it is assailed in the court should be repealed by legislative

amendments as they would go a long way in expediting the arbitration

process

18 Section 89 CPC should be suitably amended and first of all the

requirement of formulation and reformulation of the terms of the settlement at

the pre reference stage should be done away with Secondly the flaws in the

18

definitions of mediation and judicial settlement should be legislatively rectified

and clarity should be introduced with respect to the enforcement and finality of

a mediation settlement agreement Thirdly the detailed procedure and rules

for judicial settlement should be prescribed

19 The scope of Permanent Lok Adalats can be widened by bringing more

and more public utility services and also other appropriate matters involving

government departments PSUs etc within the domain of PLAs

110 The Arbitration and Conciliation Act 1996 should be amended so as to

incorporate a clause for suspension of limitation period in case of pre litigation

conciliation and the issue with respect to enforcement of conciliation

settlement agreement be clarified in clear terms and in fact the same should

be made executable in a summary manner

111 Online Dispute Resolution (ODR) which is the future of ADR in this age

of internet e- commerce and e courts should be afforded legislative

recognition

2 ADMINISTRATIVE AND ALLIED MEASURES

21 ADR should be largely institutionalized in Delhi so as to bring in more

consistency and efficacy Institutional arbitration should be promoted and

should gradually replace most ad hoc arbitrations However the government

judiciary and private players need to work collaboratively to develop such

institutionalized ADR framework

22 Courts should provide comprehensive multi door alternatives to

disputants under a single roof ranging from litigation to arbitration to mediation

and other ADR mechanisms and develop court annexed ADR centres

23 In the interregnum there is an urgent need to immediately classify and

designate the existing mediation centres as Mediation and Conciliation

Centres expressly offering conciliation also as a state sponsored ADR

mechanism

24 The Mediation and Conciliation Centres should diversify and expand

their role so as to provide dispute resolution services at the pre litigation stage

also and primarily pre litigation conciliation

19

25 There is a need to develop a separate cadre of full time professionals

who are dedicatedly engaged in the field of ADR including both ADR

neutrals as well as ADR practitioners lawyers

26 There is an urgent need to provide education and specialized training

in ADR to all persons connected with ADR The law colleges universities

should also incorporate courses on ADR in their curriculum offer diplomas in

ADR with a provision for some form of practical exposure training

27 The requisite training should also be imparted to the referral judges so

as to enable them to identify the apposite cases and ADR mechanisms in

terms of section 89 CPC and guidelines should also be issued in this respect

They should also be given the basic training in ADR

28 The Lok Adalat system should be further improved and the endeavour

should be to organize more and more Lok Adalats ensure greater

participation reduce formalism spare more time and personalized attention

thereby ensuring quality justice through Lok Adalats There is also a need to

engage the services of counselors and psychologists who can assist the Lok

Adalat Judges so as to persuade the parties appearing before Lok Adalats to

opt for an amicable resolution of the dispute The involvement of the law

universities law students and NGOs should also be encouraged for growth

and improvement of Lok Adalats

29 There is a need to establish more and more Permanent Lok Adalats in

respect of all possible public utility services give adequate publicity to them

and make them more user friendly

210 There is a need to develop infrastructure for establishment of a

comprehensive ADR system The government and judiciary should allocate

requisite funds and manpower for the same and monitor the process The

private players also need to enter the arena to provide pervasive professional

services

211 But to begin with awareness of the concept requirement importance

and benefits of ADR need to be spread amongst the masses so as to foster

the development of a collaborative attitude a problem-solving approach and

20

settlement culture 20 amongst the masses as it is most important to

revolutionize the mindset of the people

SOURCES OF STUDY BIBLIOGRAPHY (SELECTIVE)

PRIMARY SOURCES

Constitution of India 1950

Alternative Dispute Resolution Act 1998 (USA)

Alternative Dispute Resolution Act 2004 (Republic of Philippines)

Arbitration Act 1940 [Repealed]

Arbitration and Conciliation Act 1996

Code of Civil Procedure 1908

Court Fees Act 1870

Family Courts Act 1984

Federal Arbitration Act 1925

Gram Nyayalayas Act 2008

Hindu Marriage Act 1955

Indian Stamp Act 1889

Industrial Disputes Act 1947

Legal Services Authorities Act 1987

Registration Act 1908

SECONDARY SOURCES Books

Alexander Bevan Alternative Dispute Resolution (Sweet and Maxwell London 1992)

Anirudh Wadhwa and Anirudh Krishnan (Eds) RS Bachawatrsquos Law of Arbitration and Conciliation (Lexis Nexis Butterworths Wadhwa Nagpur 5th Edn 2010)

Ashwanie Kumar Bansal Arbitration and ADR (Universal Law Publishing Company Pvt Ltd Delhi 2005)

Avtar Singh Law of Arbitration and Conciliation (Eastern Book Company Lucknow 7th Edn 2005)

Bryan A Garner (Ed) Blackrsquos Law Dictionary (West Publishing Company St Paul Minnesota 8th Edn 2004)

20 The importance of the growth of settlement culture has been time and again highlighted by Justice SH Kapadia Chief Justice of India

21

DP Mittal Taxmannrsquos Law of Arbitration ADR amp Contract (Taxmann Allied Services (P) Ltd Delhi 2nd Edn)

Davit St John Sutton Judith Gill Mathew Gearing (Eds) Russel on Arbitration (Sweet and Maxwell London 23rd Edn 2007)

Fali S Nariman Indiarsquos Legal System Can it be Saved (Penguin Books Delhi 2006)

GK Kwatra Arbitration amp Alternative Dispute Resolution (Universal Law Publishing Company Pvt Ltd Delhi 2008)

GK Kwatra Arbitration amp Conciliation Law of India (Universal Law Publishing Company Pvt Ltd Delhi 7th Edition 2008)

HE Chodosh NJ Bhatt FKassam Mediation in India A Toolkit (US Educational Foundation in India Fulbright House New Delhi Feb 2004)

HK Saharay Law of Arbitration and Conciliation (Eastern Law House Calcutta 2001) Henry J Brown and Arthur L Mariot ADR Principles and Practice (Sweet amp Maxwell London 2nd Edn1997)

JG Nerrils International Dispute Settlement (Sweet and Maxwell London 1984)

JK Lieberman The Litigious Society (Basic Books New York 1983)

Mahatma Gandhi An Autobiography The Story of My Experiments with Truth (Beacon Press Boston 1993)

Mamata Rao Public Interest Litigation Legal Aid and Lok Adalats (Eastern Book Company Lucknow 2nd Edn 2004)

Merton C Bernstein Arbitration ndash What is it Private Dispute Settlement ndash Cases and Materials on Arbitration (The Free Press New York 1968)

NA Palkhiwala We the Nation The Lost Decades (UBS Publishers Distributors Pvt Ltd Delhi 1994)

NV Paranjape Public Interest Litigation Legal Aid amp Services Lok Adalats amp Para Legal Services (Central Law Agency 1st Edn 2006)

OP Malhotra and Indu Malhotra The Law and Practice of Arbitration and Conciliation (LexisNexis Butterworths Delhi 2nd Edn 2006)

PC Markanda Law relating to Arbitration and Conciliation (Wadhwa and Company Nagpur 6th Edn 2006)

PC Rao and William Sheffield (Eds) Alternative Dispute Resolution (Universal Law Publishing Company Pvt Ltd Delhi 1997)

P Chandrashekhara Rao The Arbitration and Conciliation Act ndash A Commentary (Universal Law Publishing Company Pvt Ltd Delhi 1997)

PS Narayana Law Relating to Lok Adalats (Asia Law House Hyderabad 3rd Edn) SB Goldberg ED Green amp FEA Sander Dispute Resolution (Little Brown and Company Toronto 1985)

SK Sarkar Law relating to Lok Adalats and Legal Aid (Orient Publishing Company New Delhi 2nd Edn 2008)

22

SS Mishra Law of Arbitration and Conciliation in India With Alternative Dispute Resolution Mechanisms (Central Law Agency Allahabad 1st Edn 2007)

Sarfaraz Ahmed Khan Lok Adalats ndash An Effective Alternative Dispute Resolution Mechanism (APH Publishing Corporation Delhi 2006)

Stephen B Goldberg Frank EA Sander Nancy H Rogers amp SR Cole Dispute Resolution Negotiation Mediation and other Processes (Aspen Law amp Business New York 3rd Edn 1999)

Sudipto Sarkar amp VR Manohar (Eds) Sarkarrsquos Code of Civil Procedure (Wadhwa and Company Nagpur 11th Edn 2006)

VA Mohta amp Anoop V Mohta Arbitration Conciliation and Mediation (Manupatra Noida 2nd Edn 2008)

Articles

AK Bansal ldquoConciliation Quick Settlement of Disputesrdquo (1) Arb LR (Journal) 22 (1999)

AM Khanwilkar ldquoNeed to Revitalise ADR Mechanismrdquo available at http bombay highcourtnicinmediation (last visited on 11042012)

Anil Xavier ldquoAn Argumentative Indianrdquo 2 (8) The Indian Arbitrator 2 (August 2010)

Anil Xavier ldquoBringing Justice to your Doorsteps IIAM Community Mediation Servicerdquo 1(8) The Indian Arbitrator 2 (September 2009)

Anil Xavier ldquoLawyer Mediator Non-lawyer Mediator Who is Betterrdquo 1(6) The Indian Arbitrator 2 (July 2009)

Anil Xavier ldquoMediation Its Origin and Growth in Indiardquo 27 Hamline J Pub L amp Poly 275 (2006)

Anil Xavier ldquoMediation is here to Stayrdquo 2 (3) The Indian Arbitrator 2 (March 2010)

Anurag K Agarwal ldquoStrengthening Lok Adalat Movement in Indiardquo available at http airwebworldcomarticlesindex (last visited on 15052012)

Anurag K Aggarwal ldquoParty Autonomy in Commercial Arbitrationrdquo XLI (3) ICA Arbitration Quarterly 9 (October ndash December 2006)

Ari Davis ldquoMoving from Mandatory Making ADR Voluntary in New York Commercial Division Casesrdquo 8 Cardozo J Conflict Resol 283 (2006)

Arno R Lodder amp John Zeleznikow ldquoDeveloping an Online Dispute Resolution Environment Dialogue Tools and Negotiation Support Systems in a Three Step Modelrdquo 10 Harv Negot L Rev 287 (Spring 2005)

Arunvir Vashista ldquoEmerging Trends in ADR as Dispute Resolving Techniquesrdquo XLIX ICA Arbitration Quarterly 31 (January ndash March 2011)

Ashok H Desai ldquoChallenges to an Award ndash Use and Abuserdquo XLI (2) ICA Arbitration Quarterly 1 (July ndash September 2006)

Barbara Wilson ldquoMediation Ethics An Exploration of Four Seminal Textsrdquo 12 Cardozo J Conflict Resol 119 (2010)

23

Benjamin F Tennille Lee Applebaum amp Anne Tucker Nees ldquoGetting to Yes in Specialized Courts The Unique Role of ADR in Business Court Casesrdquo XI Pepperdine Disp Res L J 35 (2010)

Brian Dorini ldquoInstitutionalizing ADR Wagshal v Foster and Mediator Immunityrdquo 1 Harv Negot L Rev 185 (Spring 1996)

Bruce E Meyerson ldquoThe Dispute Resolution Profession should not Celebrate the Vanishing Trialrdquo 7 Cardozo J Conflict Resol 77 (2005)

Carrie Menkel-Meadow ldquoDo the Haves Come out Ahead in Alternative Judicial Systems Repeat Players in ADRrdquo 15 Ohio St J on Disp Res 19 (1999)

Chandana Jayalath ldquoCourts and ADR - For a Harmonious Co-habitationrdquo 3 (10) The Indian Arbitrator 5 (October 2011)

DK Jain ldquoArbitration as a Concept and as a Processrdquo XLI (4) ICA Arbitration Quarterly 1 (January ndash March 2007)

DM Popat ldquoADR and India An Overviewrdquo The Chartered Accountant (December 2004)

DR Dhanuka ldquoDrafting of Rules under Section 82 of the Arbitration and Conciliation Act 1996 ndash A Necessityrdquo XLI (2) ICA Arbitration Quarterly (July ndash September 2006)

Debi S Saini ldquoDelay in Conciliation Proceedings A Systematic Malaiserdquo LIV (2) IJSW 232 (April 1993)

Debi S Saini ldquoFailure of Conciliation Perceptions and Realitiesrdquo 28 (2) IJIR 105 (October 1992)

Dhananjaya Y Chandrachud ldquoMediation ndash Realizing the Potential and Designing Implementation Strategiesrdquo available at httplawcommissionofindianicin (last visited on 01032011)

Dorcas Quek ldquoMandatory Mediation An Oxymoron Examining the Feasibility of a Court Mandated Mediation Programrdquo 11 Cardozo J Conflict Resol 479 (2010)

Dushyant Dave ldquoAlternative Dispute Resolution Mechanism in Indiardquo XLII (3 amp 4) ICA Arbitration Quarterly 22 (October- December 2007 amp January ndash March 2008)

E Patrick McDermott amp Ruth Obar ldquoWhatrsquos Going on in Mediation An Empirical Analysis of the Influence of a Mediatorrsquos Style on Party Satisfaction and Monetary Benefitrdquo 9 Harv Negot L Rev 75 (Spring 2004)

Ethan Katsh Janet Rifkin Alan Gaitenby ldquoE-Commerce E-Disputes and E-Dispute Resolution In the Shadow of eBay Lawrdquo 15 (3) Ohio St J on Disp Res 705 (2000)

Frank E A Sander Lukasz Rozdeiczer ldquoMatching Cases and Dispute Resolution Procedures Detailed Analysis Leading to a Mediation Centered Approachrdquo 11 Harv Negot L Rev 1 (Spring 2006)

Frank EA Sander ldquoAlternative Methods of Dispute Resolution An Overviewrdquo 37 U Fla L Rev 1 (1985)

George Applebey ldquoWhat is Alternative Dispute Resolutionrdquo 15 Holdsworth L Rev 20 (1991-1992)

Ghanshyam Singh ldquoMediation A Choice of Dispute Settlement in Indiardquo X (1) MDU Law Journal 41 (2005)

24

Gregg Relyea and Niranjan J Bhatt ldquoComparing Mediation and Lok Adalat Toward an Integrated Approach to Dispute Resolution in Indiardquo available at httpwww mediatecom (last visited on 15042012)

Haitham A Haloush amp Bashar H Malkawi ldquoInternet Characteristics and Online Alternative Dispute Resolutionrdquo 13 Harv Negot L Rev 327 (Spring 2008)

Isabelle Manevy ldquoOnline Dispute Resolution What Futurerdquo available at httpwww juriscomnet (last visited on 15042010)

JC Seth ldquoCorruption amp Miscarriage of Justice in Arbitrationrdquo XLIX ICA Arbitration Quarterly 17 (January-March 2011)

JC Seth ldquoEfficacy of Arbitration ndash Measures to Streamline the Law and Procedurerdquo Nyaya Kiran 60 (DLSA April ndash June 2007)

JC Seth ldquoICC Dispute Board and Arbitrationrdquo XLI (4) ICA Arbitration Quarterly 17 (January ndash March 2007)

Jack G Marcil and Nicholas D Thornton ldquoAvoiding Pitfalls Common Reasons for Mediation Failure and Solutions for Successrdquo 84(3) ND L REV 861 (2008)

Jagdeep Dhankar ldquoParty Autonomy and Arbitration Agreementrdquo XLII (1) ICA Arbitration Quarterly 9 (April ndash June 2007)

James Melamed ldquoA View of Mediation in the Futurerdquo 1(8) The Indian Arbitrator 6 (September 2009)

Janak Dwarkadas ldquoA Call for Institutionalised Arbitration in India A Step Towards Certainty Efficiency and Accountabilityrdquo 3 SCC (Journal) 1 (2006)

Jean R Sternlight ldquoCreeping Mandatory Arbitration Is it Justrdquo 57 Stan L Rev1631 (2005)

Jeff amp Hesha Abrams ldquoAnatomy of a Mediation What to Expect How to Prepare amp How to Winrdquo 2(3) The Indian Arbitrator (March 2010)

Jeremy Gormly ldquoEvaluative Mediation The Endless Argumentrdquo 3 (11) The Indian Arbitrator 2 (November 2011)

Jethro K Lieberman amp James F Henry ldquoLessons from the Alternative Dispute Resolution Movementrdquo 53 U Chi L Rev 424 (1986)

Jitendra N Bhatt ldquoRound Table Justice through Lok Adalat (Peoplersquos Court) ndash A Vibrant ADR in Indiardquo 1 SCC (Journal) 11 (2002)

Joanne Goss ldquoAn Introduction to Alternative Dispute Resolutionrdquo 34 (1) Alta L Rev 643 1 (1995) (Can)

Jonathan T Molot ldquoAn Old Judicial Role for a New Litigation Erardquo 113 Yale LJ 27 (2003)

Joseph B Stulberg ldquoMediation and Justice What standards Governrdquo 6 Cardozo J Conflict Resol 213 (2005)

Joshua T Mandelbaum ldquoStuck in a Bind Can the Arbitration Fairness Act Solve the Problems of Mandatory Binding Arbitration in the Consumer Contextrdquo 94 Iowa L Rev 1075 (2009)

25

KA Abdul Gafoor ldquoThe Concept of Permanent Lok Adalat and the Legal Services Authorities Amendment Act 2002rdquo 5 SCC (Journal) 33 (2003)

KD Raju ldquoAlternative Dispute Resolution System A Prudent Mechanism of Speedy Redress in Indiardquo available at httppapersssrncom (last visited on 21042012)

KL Varghese ldquoADR amp Role of Institutional Arbitrationrdquo 1(7) The Indian Arbitrator 6 (August 2009)

KN Bhat ldquoAd hoc or Institutional Arbitration - Which is Better for Indiardquo XLIII (4) ICA Arbitration Quarterly 4 (January-March 2009)

KS Chauhan ldquoAlternative Dispute Resolution in Indiardquo available at httpicadrap nicinarticlesarticleshtml (last visited on 08012009)

Katherine VW Stone ldquoAlternative Dispute Resolution Encyclopedia of Legal Historyrdquo available at httppapersssrncom (last visited on 11042012)

Kathy Douglas ldquoShaping the Future The Discourses of ADR and Legal Educationrdquo 8 (1) QUT Law and Justice J 118 (2008)

Latha K ldquoThe Need for the Proper Utilization of ADR Facilities in Indiardquo XLIII ICA Arbitration Quarterly 18 (October ndash December 2008)

Laurence Street ldquoThe Language of Alternative Dispute Resolutionrdquo 66 Australian LJ 194 (1992)

Lisa Blomgren Bingham Tina Nabtchi Jeffrey MSenger Michael Scott Jackman ldquoDispute Resolution and the Vanishing Trial Comparing Federal Government Litigation and ADR Outcomesrdquo 24 (2) Ohio St J on Disp Res 225 (2009)

Luke R Nottage ldquoIs (International) Commercial Arbitration ADRrdquo 20 The Arbitrator and Mediator 83-92 (2002) available at httppapersssrncom (last visited on 12042012)

M Jagannadha Rao ldquoConcepts of Conciliation and Mediation and their Differencesrdquo available at wwwlawcommissionofindianicin (last visited on 20042008)

M K Sharma ldquoConciliation and Mediationrdquo at wwwdelhimediationcentregovin (last visited on 05092010)

MV Shanker Bhatt ldquoArbitration ndash Bane or Boon as ADRrdquo XLVI ICA Arbitration Quarterly 2 (April-June 2010)

Marc Galanter amp Jayanth K Krishnan ldquoBread for the Poor Access to Justice and Rights of the Needy in Indiardquo 55 Hastings LJ 789 (March 2004)

Martha Nimmer ldquoThe High Cost of Mandatory Arbitrationrdquo 12 Cardozo J Conflict Resol 183 (2010)

Mathew Thomas ldquoConciliation as a Necessary Precursor to Arbitrationrdquo 1(3) The Indian Arbitrator 7 (April 2009)

Michael Moffitt ldquoTen Ways to get Sued A Guide for Mediatorsrdquo 8 Harv Negot L Rev 81 (Spring 2003)

Michael Tsur ldquoADR mdash Appropriate Disaster Recoveryrdquo 9 Cardozo J Conflict Resol 371 (2008)

26

Miles B Farmer ldquoMandatory and Fair A Better System of Mandatory Arbitrationrdquo 121 Yale LJ 2346 (2012)

Mohd Asad Malik ldquoConcept of Alternative Dispute Resolution vis-a vis Lok Adalatrdquo AIHC Journal 129 (September 2007)

Mohit S Shah ldquoSuggested Amendments to the Arbitration and Conciliation Act 1996rdquo available at wwwlawcommissionofindianicin (last visited on 08082011)

NC Jain ldquoLegal Aid its Scope and Effectiveness of the Legal Aid Rules in this Regardrdquo AIR Journal 184 (1996)

Nancy A Welsh ldquoThe Thinning Vision of Self Determination in Court Connected Mediation The Inevitable Price of Institutionalizationrdquo 6 Harv Negot L Rev 1 (Spring 2001)

Niranjan J Bhatt ldquoCourt Annexed Mediationrdquo available at http lawcommissionof indianic in (last visited on 05042012)

OP Motiwal ldquoDevelopment of Law of Conciliation in Indiardquo XLIX ICA Arbitration Quarterly 2 (January - March 2011)

Olga K Byrne ldquoA New Code of Ethics for Commercial Arbitrators The Neutrality of Party-Appointed Arbitrators on a Tripartite Panelrdquo 30 (6) Fordham Urb LJ Article 1 (2002)

Orna Rabinovich-Einy ldquoTechnologyrsquos Impact The Quest for a New Paradigm for Accountability in Mediationrdquo 11 Harv Negot L Rev 253 (2006)

PC Markanda ldquoAppointment Qualifications and Need for Imparting Training to Arbitratorsrdquo XLII (1) ICA Arbitration Quarterly 1 (April ndash June 2007)

PM Bakshi ldquoConciliation for Resolving Commercial Disputesrdquo 1 Comp LJ (Journal) 19 (1990)

PM Bakshi ldquoConciliation in Indian Lawrdquo 2 Comp LJ (Journal) 50 (1996)

Peter B Rutledge ldquoArbitration Reform What We Know and What We Need to Knowrdquo 10 Cardozo J Conflict Resol 579 (2009)

RC Lahoti ldquoEnvisioning ADR in the 21st Centuryrdquo Visionary address at the Conference on ADR ndash Conciliation and Mediation on 20112004 Delhi Mediation Centre 2(6) Mediation Newsletter (June 2008)

RK Watel and RC Nebhnani ldquoFlaws in the Arbitration and Conciliation Act 1996rdquo XLVIII ICA Arbitration Quarterly 16 (Oct - Dec 2010)

RL Bhatia ldquoRecent Developments in ADR ndash Permanent Lok Adalatsrdquo The Chartered Accountant (December 2004)

RV Raveendran ldquoMediation - Its Importance and Relevancerdquo (2010) PL October 10

RV Raveendran ldquoMediation ndash An Introductionrdquo available at httpbombayhighcourt nicinmediationindex_articleshtm (last visited on 11042012)

RV Ravindran ldquoSection 89 CPC Need for an Urgent Relookrdquo 4 SCC (Journal) 23 (2007)

Rajiv Chelani ldquoPromoting Mediation as a Conflict Resolution Toolrdquo 1(4) The Indian Arbitrator 9 (May 2009)

27

Rajiv Sinha ldquoFirst Left Step in the Right Directionrdquo XLIII (2) ICA Arbitration Quarterly 13 (July to Sept 2008)

Ram H Daryani ldquoCorruption and Miscarriage of Justice in Arbitration other side of the Coinrdquo XLIX ICA Arbitration Quarterly 17 (January-March 2011)

Rao R ldquoTrend and Developments in Arbitration in India and the Regionrdquo XLIII (2) ICA Arbitration Quarterly 1 (July ndash September 2008)

Rashmi Desai ldquoMediation as a form of ADRrdquo XLI (3) ICA Arbitration Quarterly 1 (October ndash December 2006)

Richard M Calkins ldquoMediation A Revolutionary Process that is Replacing the American Judicial Systemrdquo 13 Cardozo J Conflict Resol 1 (2011)

Robert Moog ldquoThe Study of Law and Indiarsquos Society The Galanter Factor 71 Law amp Contemp Probs 129 (Spring 2008) available at httpscholarshiplawdukeedu (last visited on 13042012)

Ronit Zamir ldquoThe Disempowering Relationship between Mediator Neutrality and Judicial Impartiality Toward a New Mediation Ethicrdquo 11 Pepperdine Disp Res L J 467 (2011)

Roselle L Wissler ldquoCourt-Connected Settlement Procedures Mediation and Judicial Settlement Conferencesrdquo 26 Ohio St J on Disp Res 271 (2011)

Ruma Pal ldquoArbitrations and Arbitratorsrdquo 1(1) Dispute Resolutions (Nani Palkhivala Arbitration Centre Quarterly) 3 (September 2010)

S K Dholakia ldquoAnalytical Appraisal of the Arbitration and Conciliation (Amendment) Bill 2003rdquo XXXIX (4) ICA Arbitration Quarterly 3 (Jan ndash Mar 2005)

SB Sinha ldquoADR Mechanism and Effective Implementationrdquo available at httpbombayhighcourtnicinmediationindex_articleshtm (last visited on 11042012)

SB Sinha ldquoADR and Access to Justice Issues and Perspectivesrdquo available at wwwhcmadrastnnicinjacademy (last visited on 01062011)

SB Sinha ldquoADR Vision 2025rdquo Nyaya Kiran 1 (DLSA January ndash March 2008)

SB Sinha ldquoCourts and Alternativesrdquo available at wwwdelhimediationcentrenicin (last visited on 05092010)

SB Sinha ldquoMediation ndash Need of the Hourrdquo available at httpbombayhighcourt nicinmediationindex_articleshtm (last visited on 11042012)

SB Sinha ldquoMediation Constituents Process and Meritrdquo available at http gujarathighcourtnicinmediationsbs1htm (last visited on 23122011)

Sadhna Pande ldquoAlternative Dispute Resolution System vis-agrave-vis Judiciary Some Fads and Foiblesrdquo 30(1 amp 2) The Academy Law Review 141 (2006)

Sarah Rudolph Cole ldquoRevising the FAA To Permit Expanded Judicial Review of Arbitration Awardsrdquo 8 Nev LJ 214 (2007)

Sarah Rudolph Cole ldquoUniform Arbitration ldquoOne Size Fits Allrdquo Does Not Fitrdquo 16 Ohio St J on Disp Res 759 (2001)

Scott Pettersson ldquoe = mc3ADRrdquo 1(6) The Indian Arbitrator 5 (July 2009)

28

Seth H Lieberman ldquoSomethingrsquos Rotten in the State of Party Appointed Arbitration Healing ADRrsquos Black Eye that is Non Neutral Neutralsrdquo 5 Cardozo J Conflict Resol 215 (2004)

Stephanie A Henning ldquoA Framework for Developing Mediator Certification Programsrdquo 4 Harv Negot L Rev 189 (Spring 1999)

Stephen K Huber ldquoState Regulation of Arbitration Proceedings Judicial Review of Arbitration Awards by State Courtsrdquo 10 Cardozo J Conflict Resol 509 (2009)

Stephen Landsman ldquoADR and Cost of Compulsionrdquo 57 Stan L Rev1593

Sunil Gupta ldquoNo power to Remove a Biased Arbitrator under the New Arbitration Act of Indiardquo 3 SCC (Journal) 1 (2000)

Susan Nauss Exon ldquoThe Next Generation of Online Dispute Resolution The Significance of Holography to Enhance and Transform Dispute Resolutionrdquo 12 Cardozo J Conflict Resol 19 (2010)

Suzanne J Schmitz ldquoWhat Should We Teach in ADR Courses Concepts and Skills for Lawyers Representing Clients in Mediationrdquo 6 Harv Negot L Rev 189 (Spring 2001)

TK Mishra rdquoArbitration Agreement vis a vis Appointment of Arbitratorrdquo XLIII (2) ICA Arbitration Quarterly 20 (July - Sept 2008)

Tarun Chatterjee ldquoNeed for Speed International Institutional Arbitrationrdquo XLIII (4) ICA Arbitration Quarterly 1 (January-March 2009)

Thomas E Carbonneau ldquoArguments in Favour of Triumph of Arbitrationrdquo 10 Cardozo J Conflict Resol 395 (2009)

Thomas O Main ldquoADR The New Equityrdquo 74 U Cin L Rev 329 (Winter 2005)

Tony Whatling ldquoConflict Matters - Managing Conflict and High Emotion in Mediationrdquo 1(10) The Indian Arbitrator 2 (November 2009)

Tulika Sen ldquoNatural Justice and Lok Adalatsrdquo (2007) PL February 7

Ujwala Shinde ldquoChallenges Faced by ADR System in Indiardquo 4 (2) The Indian Arbitrator 6 (February 2012)

Upendra Baxi ldquoFrom Takrar to Karar The Lok Adalat at Rangpur (1976)rdquo available at httpupendrabaxinet (last visited on 25032012)

V Nageswara Rao ldquoConciliation Proceedings under the Indian Arbitration Conciliation Act of 1996 and CPC mdash An Overviewrdquo available at http lawcommissionofindianicinadr_ confnageswararaopdf (last visited on 08082011)

V Narayana Swamy ldquoThe Procedural Law in India Requires a Thorough Changerdquo AIR Journal 85 (1987)

VGRanganath ldquoAlternative Dispute Resolution and Family Dispute ndash Resolutionrdquo available at httpairwebworldcomarticlesindex (last visited on 15052012)

VRR Vara Prasad ldquoAlternative Dispute Resolution (ADR) System in United States of Americardquo Andhra L T (Journal) 18 (2000)

29

Vijaykumar Shrikrushna Chowbe and Priya S Dhanokar ldquoLok Adalat ndash A Strategic Forum for Speedy and Equitable Justicerdquo available at httppapersssrncom (last visited on 21042012)

William K Slate II Seth H Lieberman Joseph R Weiner Marko Micanovic ldquoUNCITRAL (United Nations Commission on International Trade Law) Its Workings in International Arbitration and a new Model Conciliation Lawrdquo 6 Cardozo J Conflict Resol 73 (2004)

Reports Delhi High Court Annual Report (2007-2008)

Delhi High Court Biennial Report (2008-2010)

Delhi Legal Services Authority 4th Annual Report (2008)

Delhi Mediation Centre Annual Report (2006-2007)

Department Related Parliamentary Standing Committee (Rajya Sabha) Ninth Report On Personnel Public Grievances Law and Justice on the Arbitration and Conciliation (Amendment) Bill 2003 presented to the Rajya Sabha on 4th August 2005

Law Commission of India 14th Report on Reforms of the Judicial Administration (1958)

Law Commission of India 76th Report the Arbitration Act 1940 (1978)

Law Commission of India 120th

Report on Manpower Planning in the Judiciary A Blueprintcedil Ministry of Law Justice and Company Affairs Government of India (1987)

Law Commission of India 124th Report on the High Court Arrears-a Fresh Look (1988)

Law Commission of India 129th Report Urban Litigation Mediation as Alternative to Litigation (1988)

Law Commission of India 176th Report on the Arbitration and Conciliation Act 1996 (2001)

Law Commission of India 188th Report on Proposals for Constitution of Hi-tech Fast-Track Commercial Divisions in High Courts (2003)

Law Commission of India 213th Report on Fast Track Magisterial Courts for Dishonoured Cheque Cases (2008)

Law Commission of India 221st Report on Need for Speedy Justice ndash Some Suggestions (2009)

Law Commission of India 222nd Report on Need for Justice-dispensation through ADR etc (2009)

Law Commission of India 238th Report Amendment of Section 89 of the Code of Civil Procedure 1908 and Allied Provisions (December 2011)

Law Reform Commission Ireland Report on Alternative Dispute Resolution Mediation and Conciliation (LRC 98-2010) (November 2010)

Websites Newspapers etc [Complete list provided in the Thesis]

34 Termination of conciliation proceedings

Page 2: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

i

TABLE OF CONTENTS

CHAPTER I INTRODUCTION

1 AN OVERVIEW OF ALTERNATIVE DISPUTE RESOLUTION 11 THE CONCEPT OF ADR 12 CLASSIFICATION OF ADR PROCESSES 13 ADR = ADDITIONAL APPROPRIATE DISPUTE RESOLUTION 14 ADVENT OF ADR IN INDIA 15 TRACING THE DEVELOPMENT OF ADR IN INDIA 16 REASONS FOR GROWTH OF ADR - UTILITY AND ADVANTAGES

OF ADR 17 OUTLINE OF DIFFERENT ADR PROCESSES 18 ADR IN DELHI ndash A PROLOGUE

2 REASONS FOR THE STUDY 3 OBJECTIVES OF THE STUDY 4 RESEARCH METHODOLOGY 5 OVERVIEW OF CHAPTERS

CHAPTER II MEDIATION

1 THE CONCEPT OF MEDIATION 2 THE MEDIATION PROCESS

21 INTRODUCTION (OPENING STATEMENT) 22 JOINT SESSION 23 CAUCUS 24 REPEATED JOINT AND PRIVATE SESSIONS 25 SETTLEMENT

3 ROLE OF THE MEDIATOR 4 ADVANTAGES OF MEDIATION

41 COST EFFECTIVE AND EXPEDITIOUS RESOLUTION 42 CREATIVE SOLUTIONS 43 A WIN-WIN SITUATION 44 PRESERVATION OF RELATIONSHIPS 45 CONFIDENTIALITY

5 MEDIATION AS AN ADR MECHANISM IN DELHI 51 PROLOGUE 52 MEDIATION AT THE DELHI MEDIATION CENTRE 53 MEDIATION AT THE DELHI HIGH COURT MEDIATION AND

CONCILIATION CENTRE (SAMADHAN) 54 MEDIATION AT THE DELHI DISPUTE RESOLUTION SOCIETY 55 PRIVATE INSTITUTIONAL MEDIATION IN DELHI

6 ISSUES PERTAINING TO MEDIATION 61 ENFORCEMENT OF A MEDIATION SETTLEMENT 62 LACK OF A COMPREHENSIVE STATUTORY FRAMEWORK

ii

7 EPILOGUE

ACHIEVEMENTS

10 EPILOGUE

iii

8 EPILOGUE

AGREEMENT

iv

3 EPILOGUE

1

INTRODUCTION

2

3

masses

Delhi

4

mediation

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 3: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

ii

7 EPILOGUE

ACHIEVEMENTS

10 EPILOGUE

iii

8 EPILOGUE

AGREEMENT

iv

3 EPILOGUE

1

INTRODUCTION

2

3

masses

Delhi

4

mediation

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 4: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

iii

8 EPILOGUE

AGREEMENT

iv

3 EPILOGUE

1

INTRODUCTION

2

3

masses

Delhi

4

mediation

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 5: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

iv

3 EPILOGUE

1

INTRODUCTION

2

3

masses

Delhi

4

mediation

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 6: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

1

INTRODUCTION

2

3

masses

Delhi

4

mediation

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 7: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

2

3

masses

Delhi

4

mediation

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 8: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

3

masses

Delhi

4

mediation

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 9: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

4

mediation

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 10: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

5

Delhi

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 11: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

6

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 12: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

7

commercial disputes

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 13: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

8

revolution

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 14: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

9

acceptable manner

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 15: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

10

2 MEDIATION

mediation9

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 16: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

11

also

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 17: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

12

4 ARBITRATION

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 18: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

13

district courts

arbitration

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 19: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

14

5 CONCILIATION

facilitative

199615

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 20: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

15

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 21: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

16

CPC in Delhi

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 22: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

17

becomes a reality

process

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 23: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

18

recognition

mechanism

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 24: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

19

services

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 25: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

20

PRIMARY SOURCES

Court Fees Act 1870

21

22

Articles

23

24

25

26

27

28

29

Page 26: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

21

22

Articles

23

24

25

26

27

28

29

Page 27: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

22

Articles

23

24

25

26

27

28

29

Page 28: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

23

24

25

26

27

28

29

Page 29: ALTERNATIVE DISPUTE RESOLUTION MECHANISM: A CASE ...

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29

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