1. Suitability of ADRs to
particular types of disputes;
Civil Procedure Code
and ADRs
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2. DISPUTES
 Dispute is “a controversy having both positive and
negative aspects. It postulates the assertion of a claim by
one party and its denial by other.” (Canara Bank v.
National Thermal Power Corporation, 2001 (1) SCC 43.)
 Dispute Matter is something which is the subject matter of
some controversy. (CPC 5 of 1908, O.XIV.,R.6 (c)
 In general the different disputes suitable for ADR:
 Under transfer of property relating to Sale, Mortgage,
Gift, Lease & Agreement of Sale.
 Industrial Disputes as to wages, job security, gratuity,
collective bargaining etc.
 Family Disputes as such divorce or separation, claims
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Hiremath

3. including custody of child, property etc. Family disputes also
includes issues relating to inheritance, partition of property etc.
 Disputes as to specific performance of Contract.
 Company matters
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4. Dispute Settlement under ADR
 Family disputes as such are settled through mediation, were it
involves the conflicts regarding divorce, maintenance, and
partition. Matters which falls under Hindu Marriage Act,1955
are referred for conciliation under S.23 of said act.
 Were Industrial Disputes, Consumer Disputes and Family
Disputes are referred for conciliation.
 Matters relating to dissolution of partnership, compoundable
offences under Sec.145 of Cr.Pc i.e. disputes of possession
which are of civil nature and matters relating to specific
performance are referred for arbitration.
 Industrial Disputes under S.10 and S.12 of Industrial Disputes
Act, 1947 can either be referred for arbitration or conciliation.
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5. CPC & Arbitration
• By CPC (Amendment Act) 1999, new sub-section have been
added in Sec.89 of CPC:
 Acc. to S.89(1), the Court has been empowered to refer
disputes for settlement through arbitration, conciliation,
judicial settlement through lok-adalat or mediation.
 O.X of CPC has also been amended which says that the Court
shall direct the parties to opt for either mode of settlement
outside the Court as specified in S.89(1). The Court may direct
under the following circumstances:
 O.X,R.1-A: After recording the admission and denials Court
may direct parties for outside settlement.
 O.X,R.1-B: Where a suit is referred under 1A, the parties shall
appear before such forum.
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6.  O.X,R.1-C: Were a suit is referred under 1A, the presiding
officer may send it back as it is against interest of justice to
proceed further onto the matter.
 Under O.XXXIIA R.3 which contains provisions enjoining a
duty on Courts to make efforts and to assist the parties in
arriving at settlement in certain categories of suits/proceedings.
 A new provision S.16 has been inserted in the Court Fees
Act,1870 by the CPC (Amendment Act) 1999, under which the
plaintiff is entitled to get back the total amount of Court fee
paid for plaint.
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7.  In Salem Adv.Bar Association Tamilnadu v. UOI, settled out
modus operandi for adopting ADR measures in civil litigation.
In this landmark decision Supreme Court incorporated all 3
reports of Jagnnadha Rao J. committee which was appointed by
Supreme Court.
 Report I is on application of amendments made in 1999 and
2002 to CPC.
 Report II is about Civil Procedure and ADR rules.
 Report III is rules regarding case flow management.
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8. Conclusion
 CPC was amended making out the provisions relating to ADR
system, thus reducing burden on judiciary and providing
speedy disposal of the matter.
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9. THANK
YOU