SUO MOTU JPP INITIATED Vs. NIL

JUDGEMENT

(1.) This suo motu petition has been initiated by the Registry to establish a uniform practice and procedure for preparing judgments, decrees, and orders in cases settled by compromise, whether through mediation or otherwise.

(2.) A representation was received by the Director of the Alternative Dispute Resolution (ADR) Centre, High Court, requesting that the terms of a mediation settlement be incorporated into the judgment as a self-contained document. This request aims to address practical difficulties faced by litigants working abroad due to the non-inclusion of mediation settlement terms in judgments. The representation was placed before the Board of Governors of the Kerala State Mediation and Conciliation Centre (KSMCC), which passed a resolution on 22/8/2024, directing that the matter be referred to the Registrar General of the High Court. The resolution recommended that the Chief Justice consider evolving a uniform practice for incorporating the terms of compromise into judgments, decrees, and orders. Consequently, the resolution was forwarded to the Registrar General and has now been placed on the judicial side under the roster "Judicial Practice and Procedure (JPP)" for registering suo motu proceedings.

(3.) Court-annexed mediation under Sec. 89 of the Code of Civil Procedure, 1908, is conducted under the control and management of the KSMCC. The conduct of mediation and preparation of mediation settlement agreements are governed by the Civil Procedure (Alternative Dispute Resolution) Rules, 2008 ("Rules of 2008"). Sec. 89 of the CPC provides that if the court finds that a settlement acceptable to the parties is possible, it shall formulate the terms of settlement and refer the matter for arbitration, conciliation, judicial settlement (including settlement through Lok Adalat), or mediation. If referred to mediation, the court shall facilitate a compromise between the parties and follow the prescribed procedure.