Leading case law on mediation

[bpagrawal]

Consent of parties is not required for sending case for mediation

If the parties are not agreeable for either arbitration or conciliation, both of which require consent of all parties, the court has to consider which 27
of the other three ADR processes (Lok Adalat, Mediation and Judicial Settlement) which do not require the consent of parties for reference, is suitable and appropriate and refer the parties to such ADR process. If mediation process is not available (for want of a mediation centre or qualified mediators), necessarily the court will have to choose between reference to Lok Adalat or judicial settlement. If facility of mediation is available, then the choice becomes wider. It the suit is complicated or lengthy, mediation will be the recognized choice. If the suit is not complicated and the disputes are easily sortable or could be settled by applying clear cut legal principles, Lok Adalat will be the preferred choice. If the court feels that a suggestion or guidance by a Judge would be appropriate, it can refer it to another Judge for dispute resolution. The court has used its discretion in choosing the ADR process judiciously, keeping in view the nature of disputes, interests of parties and expedition in dispute resolution.

Supreme Court of India
M/S. Afcons Infra. Ltd. & Anr. vs M/S Cherian Varkey Constn ... on 26 July, 2010
Author: R.V.Raveendran
Bench: R.V. Raveendran, J.M. Panchal
http://www.lawweb.in/2012/10/consent-of-parties-is-not-required-for.html