Skip to content

CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

During a commercial suit before a civil court, the judge sees elements of a settlement acceptable to both parties. After formulating terms and receiving the parties' observations, the judge refers the matter to mediation. Under section 89 of the CPC, what must the Court do?

On a reference to mediation, the Court shall effect a compromise between the parties and follow the procedure prescribed. The Arbitration Act applies only to arbitration or conciliation, and the Lok Adalat provisions apply to Lok Adalat or judicial settlement referrals.

  1. AEffect a compromise between the parties and follow the procedure prescribedCorrect
  2. BApply the Arbitration and Conciliation Act, 1996 as if it were an arbitration
  3. CTreat the mediator as a Lok Adalat under the Legal Services Authorities Act
  4. DDismiss the suit and leave the parties to settle independently

Explanation

Section 89(2)(d) says that where a dispute is referred for mediation, the Court shall effect a compromise between the parties and follow such procedure as may be prescribed. The Arbitration and Conciliation Act applies to arbitration or conciliation references, and the Lok Adalat treatment applies to Lok Adalat and judicial settlement references.

Did you get it right without looking?

One question tells you little. A timed set on Judicial and Administrative Framework shows your real accuracy, how long you take and where you lose marks.

Practise Judicial and Administrative FrameworkFree diagnostic mock

More Judicial and Administrative Framework questions