The provisions regarding alternative procedures for the settlement of disputes are discussed
in the sec 21 of the Artha Rin Adalat Ain,2003.
Sec-21 discussed about the settlement conference.
According to this section, after
submission of written statement by the defendant the court
if considered suitable may arrange a settlement conference and issue order for
presence of both the parties,their appointed lawyers and representative in the
said conference.
The judge
of the respective court will preside the conference, determine the venue and it
will be held in camera.The judge will try to solve the dispute through
discussion and explanation of the matters of dispute to the parties, their
lawyers and with their representative but should not create any pressure upon
the parties to accept it.
If the dispute solved through the settlement
conference, the terms and conditions of it will have to be written as a
contract and the parties,lawyers and the representatives signed on that.Then
the court will pass necessary order or decree on the basis of Order 23 of the
CPC.The process of the settlement conference will have to be completed within 60
days from its commencement and it may be extended again not more than 30 days.
If the settlement conference become fail the suit
will be started and conducted from the
stage immediate before the decision of
the settlement conference in such a manner as if no action has been taken.
The mediation process under this act and all the discussion,suggestions and the
statement of the parties will be secret and in any stage of hearing of the said
suit held subsequently or in any other process there can be no mention of them
and will not acceptable as evidence.
If any dispute is settled under this act through
settlement conference the court fee will be return to the parties. Appeal or any revision is not allowed in any
higher court against any order given on the basis of settlement conference.
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