Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Arbitration, Tribunal Adjudication and Alternate Dispute resolution

Question:
Section 89 of the Civil Procedure Code, 1908 deals with which type of mediation?
Options:
court referred mediation
pre-litigation mediation
both 1 and 2
none of the above
Correct Answer:
court referred mediation
Explanation:
Both Mediation and Conciliation are governed by Section 89, a provision inserted by the 2002 amendment of the Civil Procedure Code, 1908 . The Code is the primary legislation governing the method, procedure and legal practice of civil disputes. Section 89 of the Code only deals with court referred mediation. Pre-litigation mediation is not yet governed by any law in India. Similarly, conciliation only finds a reference in Section 89, Civil Procedure Code, 1908. The process and methods within conciliation have been described in the Arbitration & Conciliation Act, 1996. Further, the Industrial Disputes Act, 1947 also provides for conciliation as a viable means of resolving disputes in the labour sector.