This article examines the necessity for a fresh Indian legislation on mediation. Let us begin by recalling that Alternative Dispute Resolution (ADR) is a collective term for a wide range of mechanisms through which disputing parties can resolve their dispute outside the court system, and, at times, alongside the court system. Section 89 of the Civil Procedure Code (the Code) enables a court to refer the litigating parties in a pending case to the ADR processes of arbitration, conciliation, Lok Adalat, judicial settlement or mediation.
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