OBJECTIVE OF CONDUCTING THE PRESENT GUEST LECTURE

In the present scenario, it is imperative for law students to be equipped not just with legal
acumen but also with alternative skills. Alternative Dispute Resolution (ADR) provides them
with the right tools to enhance their legal abilities. Thus, we are planning to set up a ADR
committee in IIMT law college. 
The ADR Committee will be a student run body entrusted with the responsibility to  plan and
organize  ADR activities. The committee will have faculty members to mentor the students in
charge and train students in different forms of ADR like negotiation, mediation and conciliation.
The idea is to impart both theoretical knowledge as well as practical experience to the students
who are invested in learning the art of ADR. One of the essential functions of the committee will
be to conduct training sessions, workshops and guest lecturers for the students with the help of
resource persons who have an existing experience in ADR methods.
As a part of this process the Committee aims to help students;

 - Improving their communication and inter-personal skills 

 - Enhance their persuasion skills 

 - Build  familiarity with negotiation approaches, problem solving ability, etc. 

 - Boost their confidence as a result of these activities 

 DATA ABOUT PENDENCY OF CASES BEFORE SC, HC AND SUBORDINATE

COURTS

 India now has almost 4 crore pending cases spanning the Supreme Court, various
high courts and the numerous district and subordinate courts.

 Between Feb. 1 and Aug. 31, 2020, the Supreme Court has seen a 3.6% rise in
pending cases to 62,054. Between Jan. 29 and Sept. 20, the pending cases in high
courts has risen 12.4% to 51.5 lakh. District and subordinate courts, too, saw a 6.6%
increase to 3.4 crore cases in the same period
  Over 70% of the unresolved high court files are civil cases, while the remaining one-
third are criminal.

 SECTION 89 OF THE CIVIL PROCEDURE CODE 

 In 2002, Indian Parliament brought an amendment to Section 89 of the Civil

Procedure Code, 1908. The amendment brought in a different alternative dispute
resolution mechanism in Section 89. Section 89 of the Code of Civil procedure was
introduced with a purpose of amicable, peaceful and mutual settlement between
parties without intervention of the court.

 . In the case where there is a possibility of settlement in the case the could shall refer
the parties for ADR, the case/ dispute between parties shall go to trial only when there
is a failure to reach a resolution.

 In countries all of the world, especially the developed few, most of the cases (over 90
per cent) are settled out of court

 In Salem Advocate Bar Assn.(I) v. Union of India, the constitutionality of Section 89

was challenged. The Court upheld the constitutionality of Section 89.

 BENEFITS OF ADR

Less time consuming: people resolve their dispute in short period as compared to courts

Cost effective method: it saves lot of money if one undergoes in litigation process.

It is free from technicalities of courts, here informal ways are applied in resolving dispute.

People are free to express themselves without any fear of court of law. They can reveal the
true facts without disclosing it to any court.

Efficient way: there are always chances of restoring relationship back as parties discuss
their issues together on the same platform.

It prevents further conflict and maintains good relationship between the parties.

It preserves the best interest of the parties.

 WHO CAN BE A MEDIATOR: QUALIFICATIONS OR DISQUALIFICATIONS?

The parties may either appoint the mediators by their own or may appoint the mediator from the
panel of mediators prepared by the High Court or the Session/District Courts under Rule 3 of the
Mediation and Conciliation Rules, 2004. Therefore, autonomy to appoint the mediator is given to
the parties.

The persons who may be empaneled as mediator under Rule 3 of Mediation and Conciliation
Rules, 2004 by the Hight Court, Session/District Courts must have the following qualifications
given under Rule 4 of the 2004 rules.

The following persons may be enlisted:

Retired Judge of the Supreme Court of India

Retired Judge of High Court

Retired District and Session Judge

Retired Officers of Delhi Higher Judicial Services

District and Sessions Judge

Officers of Delhi Higher Judicial Services

Legal practitioner with at least 10 years standing at the bar at the level of the Supreme Court,
High Court and District Court

Expert or other professionals with at least fifteen years standing

Persons who are themselves expert in the mediation

These are the qualifications which are required to be empanelled as a mediator. However, parties
can exercise the autonomy given to them and appoint a mediation beyond the above
qualifications. There are some disqualifications of a mediator set out in Rule 5 of The Mediation
and Conciliation Rules, 2004. The following persons are disqualified to be empanelled as a
mediator:

Person adjudicated as insolvent

Against whom criminal charges involving moral turpitude are framed by a criminal court and are
pending

Persons convicted by a criminal court for any offence involving moral turpitude

Any person against whom disciplinary proceedings have been initiated which are pending or
have resulted in a punishment

Any person who is connected or interested in the subject matters of the dispute

Any legal practitioner who is appearing for any of the parties in the suit

Clause (c) of Rule 3 also specifies that the consent of the person whose names are included in the
panel must be obtained.

According to Clause (c) of Rule 2 of The Mediation and Conciliation Rules, 2004 the mediator(s)
appointed by the parties need not necessarily be from the panel of mediators referred to in Rule
3 nor bear the qualifications referred to in Rule 4 but should not be a person who suffers from
disqualifications referred to in Rule 5