Section 89 of Civil Procedure Code governs Conciliation
Explanation:
What is Section 89 of Civil Procedure Code?
Section 89 of the Civil Procedure Code, 1908, provides for Alternative Dispute Resolution (ADR) mechanisms such as arbitration, mediation, and conciliation. It aims to promote faster resolution of disputes outside the traditional court system.
Conciliation under Section 89:
- Conciliation is one of the ADR mechanisms under Section 89 of the Civil Procedure Code.
- It involves a neutral third party, known as a conciliator, who assists the disputing parties in reaching a mutually acceptable settlement.
Key Points about Section 89 and Conciliation:
1. Voluntary Process: Conciliation is a voluntary process where parties can decide to participate and have control over the outcome.
2. Confidentiality: The proceedings of conciliation are confidential, ensuring privacy for the parties involved.
3. Impartiality: The conciliator remains impartial and does not impose a decision on the parties.
4. Flexibility: Conciliation offers flexibility in terms of scheduling meetings and deciding the terms of the settlement.
5. Enforceability: The settlement agreement reached through conciliation is binding on the parties and can be enforced like a court decree.
Role of Section 89:
- Section 89 of the Civil Procedure Code plays a crucial role in promoting amicable resolution of disputes and reducing the burden on the courts.
- It encourages parties to explore alternative methods of dispute resolution that are cost-effective and time-efficient.
In conclusion, Section 89 of the Civil Procedure Code governs conciliation and provides a legal framework for parties to resolve their disputes through a structured and collaborative process.