Explanation of CPC Section 89A

-------As Per Amendment in Sindh

For section 89-A, the following shall be substituted, namely:

"89-A, Alternative Dispute Resolution:

(1) Notwithstanding any other laws for the time being in force, the court may use Alternative Dispute Resolution (ADR) methods to resolve cases of civil or commercial matters:

Provided that for the purposes of this section, ADR refers to mediation, conciliation and negotiation.
Provided that in all cases of arbitration, the Arbitration Act 1940 shall apply.

(2) That by submitting to the jurisdiction of the Court, the court shall presume that parties by mutual consent agree to refer the dispute for ADR if so ordered by the Court for securing expeditious disposal.

(3) That a case may be forwarded for ADR by referral of the cases to a mediator/conciliator as identified under Order X, Rule 1C of this Code, in the following circumstances:

(i) Upon presentation of a plaint, the court shall at the first instance, examine and assess the possibility of resolving the case in a way which is to the advantage of all parties under one of the methods of ADR;
(ii) If at any stage of the case, before or after the recording of admissions and denials, the court considers there is a possibility of resolving the case in a way which is to the advantage of all parties under one of the methods of ADR;
(iii) Upon consent of all the parties.

(4) The court shall employ the following process in the circumstances identified under sub-section (3)(i) and (ii):-

(i) Upon the conclusion of the court to refer the case to ADR, the court shall issue notice to the parties to make submissions upon the next date of hearing as to why their case should not be referred to ADR;

(ii) Where no sufficient cause is shown, the Court shall refer the case for ADR to a mediator/conciliator identified in Order X Rule 1C; and

(iii) If any of the parties fails to make a submission as under sub-section 4(i), the court shall proceed to refer the case to ADR.”

Provided, that the entire process as stated in sub-section (4) shall be completed within fifteen days by the Court.

Sindh Act, 4 of 2019, S. 3 

“89-B Reference by Parties: Parties who have resolved any dispute of civil or commercial nature through the use of an ADR method before initiating any legal proceeding may file an application alongwith settlement duly signed by the parties and other relevant documents in the court having jurisdiction which shall be registered as a “Judicial Miscellaneous” matter. The court after hearing the parties shall pass judgment and decree as under this Code.”

Sindh Act, 4 of 2019, S. 4