38.6c New Delhi, India, Wednesday, May 29, 2024
Judiciary

YBAI file Petition in the SC seeking Formulation of SOP mandating Pre-Litigation Mediation Across India

By Shreedhara Purohit      18 July, 2020 04:47 PM      0 Comments
YBAI file Petition in the SC seeking Formulation of SOP mandating Pre-Litigation Mediation Across India

The Youth Bar Association of India has filed a PIL in the Apex Court seeking guidelines for mandating pre-litigation mediation across India. With the objective to deal with the issue of rising no. of cases and pendency of cases, the petition seeks for the formulation of a Standard Operating Procedure which would secure that parties compulsorily engage in mediation proceedings at a pre-litigation stage.

Expressing the worry over the increasing number of cases and pendency of such cases in the Indian Courts, the Association recommend the use of ADR in order to control the rate at which cases are piling up and by giving an opportunity to the parties to come together and settle their disputes during the pre-litigation stage.

As of 24th May 2020, a total number of 32.45 million cases are pending before the Courts in India. The Association emphasized the data which reveals that 71.06% of civil cases are pending in ‘Original Jurisdiction’ and approximately 24.3% cases are found to be pending at the ‘Admission’ stage.

The Association said that “pre-litigation mediation’ is an effective mode to settle the dispute amicably at a pre-litigation stage. The main objective is to facilitate out-of-court settlement through ADR. The Association also mentioned that out of the three main processes prescribed for ADR, pre-litigation mediation would serve the purpose best as it offers the highest degree of privacy as well as it is cost-effective. To minimize the number of pending cases, Govt. should introduce a pre-litigation mediation process to ensure that avoidable cases can be prevented from reaching the courts and settle the issue effectively.

Cases like K. Srinivas Rao vs D.A. Deepa (2013) were cited, wherein mediation centers pan India were directed to set up a pre-litigation facility in order to settle matrimonial disputes at pre-litigation stage. It is further observed that while the Supreme Court showed some predisposition towards setting up services for pre-litigation in matrimonial disputes, there exists no “overarching framework for these services”.



Share this article:



Leave a feedback about this
TRENDING NEWS

battle-over-butter-chicken-moti-mahal-takes-daryaganj-to-court-in-trademark-showdown
Trending Business
Battle Over Butter Chicken: Moti Mahal Takes Daryaganj to Court in Trademark Showdown

Moti Mahal and Daryaganj restaurants clash in Delhi High Court over trademark claims, each asserting they invented Butter Chicken and Dal Makhani.

28 May, 2024 11:33 AM
punjab-and-haryana-high-court-upholds-eds-arrest-of-aap-mla-dismisses-plea-challenging-detention
Trending Judiciary
Punjab and Haryana High Court Upholds ED's Arrest of AAP MLA, Dismisses Plea Challenging Detention [Read Order]

Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh's plea against his ED arrest, ruling it was in line with Section 19(1) of the PMLA.

28 May, 2024 11:56 AM

TOP STORIES

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
national-security-always-paramount-sc-cancels-bail-of-pfi-members
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM
calcutta-hc-invalidates-five-lakh-obc-certificates-issued-after-2010-cites-unconstitutional-grounds
Trending Judiciary
Calcutta HC Invalidates Five Lakh OBC Certificates Issued After 2010, Cites Unconstitutional Grounds [Read Judgment]

Calcutta High Court invalidates OBC certificates issued after 2010, declaring them unconstitutional. Court cites undue haste and procedural impropriety.

23 May, 2024 03:33 PM
mp-high-court-grants-police-protection-to-couple-facing-honour-killing-threats-over-marriage
Trending Judiciary
MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage [Read Order]

MP High Court grants police protection to a couple facing death threats from their parents for marrying without consent, citing serious measures against honor killings.

23 May, 2024 03:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email