JKAC Act 8AChapter I · Part I

Section 8A · [ Power of the court, seized of petitions under sections 9 or 11 of the Act, to refer the dispute to Mediation or Conciliation. [Inserted by Act No. 18 of 2018, dated 1.10.2018.]

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(1)

If during the pendency of petitions under sections 9 or 11 of the Act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of their disputes, to :

(a)

Mediation ; or

(b)

Conciliation.

(2)

Reference to mediation :

(i)

Where a dispute has been referred for resolution by recourse to mediation, the procedure envisaged under Civil Procedure Alternative Dispute Resolution Rules, 2009 shall apply.

(ii)

In case of a successful resolution of the dispute, the Mediator shall immediately forward the mediated settlement to the referral court.

(iii)

On receipt of the mediated settlement, the referral court shall independently apply its judicial mind and record a satisfaction that the mediated settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same.

(iv)

The court shall record a statement on oath of the parties, or their authorized representatives, affirming the mediated settlement as well as a clear undertaking of the parties to abide by the terms of the settlement.

(v)

If satisfied, the court shall pass an order in terms of the settlement.

(vi)

If the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof.

(vii)

If the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clause (iii), (iv) and (v) above.

(viii)

Such a mediated settlement, shall have the same status and effect as an arbitral award and may be enforced in the manner prescribed under section 36 of the Act.

(3)

Reference to conciliation :

(i)

The provisions of Part II of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 shall apply as if the conciliation proceedings were initiated by the parties under the relevant provision of this Act.

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