Mediation--Civil Suit--Court Cannot Refer Parties to Mediation Without Consent of All Parties Under Mediation Act 2023 or Section 89 CPC
Neither the Mediation Act, 2023, nor Section 89 of the Code of Civil Procedure confers power upon a court to refer parties to mediation without the consent of all parties. Mediation is fundamentally a consensual process, and courts cannot thrust it upon an unwilling party even in family disputes where settlement is generally preferred. Before referring a matter to mediation under Section 89 of the CPC, a court must be satisfied that there exist elements of a settlement acceptable to the parties. The absence of such elements, particularly where past mediation attempts have failed, precludes a reference to mediation.
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