Alternate Dispute Resolution: A New Dodge To Fathom Disputes | Author : Megha Sood & Co-author : Harinder Birring | Volume I Issue III |

Abstract:

ADR is the very axiom of every society to nurture the amicability, so as to crochet the social mold of clover. Arbitration has evinced to be that caster, which has paved the tenor for nuptial brawls to be clinched as proleptical as doable. This paper brings into the limelight the way, how contemporaneously arbitrability methods cost next to nothing thereby abbreviating the number of cases up in the air. Placation has guilelessly channelized the head on process to embrace every matrimonial feud. Negotiations are the basic condign of every individual who forms the pedestrian over 3W Principle:-

This paper also throws the light upon how this vaunt web of filibustered proceedings has put up the fate of parties to the dispute at the verge of selvage, leading to the cunctation of justice on a whole. The bare

bones of mediation have mustered self-moving, self-regulating and self-starting adequacy in every individual. The surcease justice has ante-up a deep blow to the efficacy of the kinfolks to fight for a square deal. This paper also reflects such paradigms which are the glared matters of the daily headlines.

The crescive notch of matrimonial disputes has ruined the convivial truce of many families. Such risks are always there with the bells on to concoct walloping social repercussions over the dwellers of the society.

Since the time immemorial the standard method ofresolving the disputes are buttoned up by the court of laws.

Lastly this paper reveals such goof off processes which are impeding the credibility of the dispute, once the plausibility is destroyed the society will become vulnerable to the crimes hampering the social consistency of every discrete.

 So to curb the edifice of such refuted justice, an embankment of theexpanded tradition of the ADR is regarded to be used as social security tool, which sequentially safeguards the rights and interests of the clan at large.

Keywords:ADR in nuptial brawls, filibustered proceedings, crescive notch of family disputes, sequential safeguards of rights and interests.

INTRODUCTION

“A tool of law never deny,

Rather commanding the government to codify,

For giving the answer to every why,

Men always boards the odd bus, taking the odd way,

But law affords a legal thruway.”

The terrene avant-garde has involved itself in dealing with many cans of worms. Each member of our society is today making an endeavor to cope up with the perplexity running right from the problems of the environment ending up to the economic problems. The ways to resolving or getting the answers, solutions to such difficulties is not so hard to find as it is thought to be. However there is only one unique problem which our society is undergoing, under the shade of irons in fire for a very long time. The arbitration or conciliation methods to resolve the disputes particularly between the families concerned are the current topic on fire. Bruce Schneider has described that failure modes are very different. In modern era, maintainability of the peace in the society must be the priority.One often hears about the number of cases begging the justice to end up the prolonged proceedings. If villainy is being done, there is a preconceived notion that injustice is being done to the parties to the suit. It usually never occurs to people that hassle can be done not only to the p[parties concerned but also has a negative impact over the society at large. But nowadays, there has been several extracts depicting that even mediation centers of our society is also taking an initiatives to the sufferings  and the harassment from the hands of the delayed proceedings. and no  satiated square deal is offered to them at all, because of which it is been phony that that there has been always wrong on the part of the country’s judicial system and thereby people at large are likely to suffer at large. Mechanism of ADR now a days is expanding its hold in disputes involving any concept forming the part and parcel of the matrimonial disputes, Be it any of the following cases:-

1. dowry,
2. harassment caused to the feminine from the hands of the dominant masculine wing,
3. Discriminatory use of the provisions of the section 498 of IPC, 1860.
4. Maintenance seeker, the wife, children etc. after the decree of divorce or during the pendency of the suit.

 However women are prime-facie placed at priority and men on the other hand gets the oppression from the society. There is always bigotry against males in certain cases. A trunk full of laws has been framed for the protection of the interest of the females, women at large but no single law has been made in support of the males and thereby making them more prone to be victims of the society.  There are various social, gender specific movement’s lead by accorded NGOs which works for the rights of men.

ARBITRABILITY

“Arbitrability” refers to whether or not arbitrators have the authority to rule on a dispute. In arbitration, the parties are the masters of their agreement, except for a limited number of non- arbitral areas.

THE PRINICIPLE OF ARBITABILITY

In formal treatments of the subject, arbitrability is typically divided into ‘subjective arbitrability’ and ‘objective arbitrability”[1].

SUBJECTIVE ARBITRABILITY

Whether, under an applicable law, a particular entity- typically a state or other public body- may be a party to an arbitration agreement and thus whether a dispute to which such entity is a party may be submitted to arbitration is referred to by commentators as “subjective arbitrability”.(or arbitrability rationed personae)[2]

While many national laws contain limitations on the ability of the state or public entities to settle disputes to which they are a party by means of arbitration, generally such limitations do not apply in international arbitration.[3]

It is now widely accepted that a state cannot, in an attempt to avoid arbitration pursuant to an arbitration agreement to which it is a party, invoke a provision of its own law that purports to prohibit arbitration with that state.

OBJECTIVE ARBITRABILITY

Whether, under an applicable law, the particular subject matter of a dispute is capable of resolution by arbitration, in the light of relevant public policy considerations, is referred to by commentators as ‘objective arbitrability’ (or arbitrability ratione materiae). Article II (I) of the New York Convention addresses ‘objective arbitrability’ as follows (emphasis added): Each contracting state shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of an defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration.

Although, as declared in the New York convention, the freedom of parties to choose arbitration as the means of resolving as the means of resolving disputes extends broadly to ‘any differences… in respect of a defined legal relationship, whether contractual or not,’ that freedom is nevertheless limited to differences engaging subject matters ‘capable of settlement by arbitration’. In this connection, professor Bockstiegek has written: If the jurisdiction of the arbitration can only go as far as the parties by agreement have authorized them, one has to add immediately, that this jurisdiction can also go only as the parties can authorize them. Limits of party autonomy thereby become limits for the jurisdiction of the arbitrators. The lack of arbitrability is such a limit, and public policy is a specific qualification of that limit.[4]

NATIONAL PERSPECTIVES ON ARBITRABILITY

Usually, National arbitration laws do not regulate which law governs the issue of arbitrability but in fact, they directly determine which disputes are arbitral and which are not. Indeed, every national law determines which types of disputes are reserved for the exclusive domain of the national courts and which can be referred in arbitration.[5] In practice such stands of the legislature are substantiated by the decisions of the court. It is the courts that interpret and structurize the public policy of that state, which then governs what matters are arbitrable or in-arbitrable.

The arbitrator being a creature of the contract has its jurisdiction limited to the borders of the contract. On the other hand, National courts are based upon and guided by meticulous provisions of their national legislations on ‘evidence procedures’, ‘civil procedures’ and the ‘criminal procedure’, making them well-equipped to adjudicate serious and convoluted allegations. It is in this regard that the courts have traditionally exercised their discretion in restricting the reference to arbitration of grave criminal allegations to the courts of law.

NON-ARBITRABLE- IF AGAINST THE PUBLIC POLICY

In ‘O’ Callaghan v. Coral Racing Ltd[6]the English court of appeal held that the arbitration clause in the gaming agreement was void as under the English law, gaming agreements are unenforceable. In this case lord justice Hirst stated that “to my mind the hallmark of arbitration process is that it is a procedure to determine the legal rights and obligations of the parties judicially, which is enforceable in law, thus reflecting in private proceedings, the role of a civil court of law”

DISPUTES IN RELATION TO LAW OF CONTRACT- ARBITRABLE

InRalli Bros v. Cia NavieraSota Y Azna[7], the court observes that if the performance of a contract is illegal under the law of the place in which performance is to take place, then irrespective of what the law of Contract is, the contract will be unenforceable. However the rule has two exceptions, i.e., the contract is enforceable if:

• the illegal part may be severed and legal part performed; and
• The contract may be performed in a manner without the laws of the place of performance being breached.[8]

NON-ARBITRABLE- IF RELATING TO TELE-COMMUNICATION

Non-arbitrability is a statutory ground for setting aside an award under section 34(2)(b) of the Indian Arbitration and Conciliation Act,1996. The Delhi high court in Reliance Infocomm v. BSNL,[9]did not grant injunction under section 9 of Indian Arbitration and conciliation act, 1996 as the dispute was relating to tele-communication. It stated that the dispute should be referred to the appropriate authority, i.e. the tele-come dispute settlement appellate tribunal, which would deny or grant injunction in accordance with the provisions of the Telecom Regulatory Authority of India Act, 1997.

ARBITRABILITY OF DISPUTES ALLEGING FRAUD

Fraud is an act or omission to illegally gain or cause damage to the other party. This conception of fraud is a universal one. States around the glove have formulated their own laws to adjudication it. Usually, such adjudicating is reserved for the national courts.

In India Household and Health Care Ltd v. LG Household & Health Ltd[10], it was held that in contracts containing arbitration clauses vitiated by fraud the arbitration clause stand vitiated and therefore in such cases the arbitrator has no power to rule on his own jurisdiction and therefore such matters are non-arbitrable.

THE DESIDERATUM OF MEDIATION PROCESS

The cases of matrimonial disputes are piling up. It is not only females who are harassed  but also the rattle one’s are also caged by the forged and wrongful means sometimes women also brings the false case against their in laws in order to extract money or take some sort of revenge . Nobody wants to believe it because it is not a stern matter of contentions for everybody. But indeed, it is a serious issue in the today’s scenario. This is because males don’t steering due to their ego. Many people believe that harassment is limited to females and cannot go beyond this sphere. It’s not women, but males too who are victims of impropriety. In a recent survey of 2017 by the REGIONAL SURVEY of matrimonial disputes-[11]

The Process of Mediation serves the two fold Purpose:-

1. Firstly, it promotes the interest of the entire family including those of the children as well,
2. Secondly, it reduces the emotional and economical cost associated with the resolution of the family disputes.[12]

According to above quoted survey, it has been reported that almost 19% of damage is caused to the society at large, because of the adaptation of today’s lifestyles people especially the women sector is becoming so demanding day by day, which in turn leading to quarrel between the couple, thereby leading there ways to seek the relief from the court of laws.. In today’s scenario, the victim of matrimonial disputes are the issues of the couple who has lost their childhood just because of the unnecessary demands of their parents leading to the prolonged legal battles giving nothing but a bucket full of stale justice. It is a very serious issue and maneuver to be taken to swept off one’s feet this. Indian society does not believe this slant because of their venereal axiom that tender children cannot be harassed at the cost of the fault of their parents.

CAN FULL OF WORMS OF DISPUTES

In most of the disputes, the real problems that confront the divorcing couples is that they always find the solutions to their every root cause is the separation of the couple. It is very interesting to see that marriage is viewed as a legal and social union of two people, so therefore divorce is regarded as the primary solution to every difficulty. The legal system of India is equipped to deal with the legal problem that the couple faces while the proceedings of divorce, neither it addresses nor is it meant to deal with the social and emotional issues that the couple is facing.

Once both emotional a social problem is dealt, and then the root cause of resolution is sort to be achieved. Stepping up the ladder, most of the people are really argue about is not legal and emotional and lastly the financial issues, but rather the arguments are fueled by their desire to get some sort of revenge for perceived wrong by the other spouse.

MODUS OF DISHING OUT WITH ADR

The process of the conciliation requires one mediator to assist the others to arrive at mutually acceptable agreements. Accorded people incline towards the different kinds of needs and aspirations. Both emotional and financial issues are required to be handled buy the specialist wing, trained mediators such as:-

1. Accountants,
2. Financial Planners,
3. The Lawyers

The categorization of the Alternative Dispute Remedies here to be termed as ADR can be broadly classified under two heads:-

1. Court-annexed options (Mediation and Conciliation)
2. Community based dispute resolution mechanism (Lok Adalat)

Majorly the process of ADR involves the following modes, which are practiced in the common form, such as:-

1. Arbitration
2. Mediation
3. Conciliation
4. Negotiation
5. Lok Adalat

ARBITRATION

The definition of Arbitration is given under section 2(1) (a) which says that the verbatim reproduces the entire text of article 2(a) of the Model-Law which is that, ‘arbitration means any arbitration or not administered by a permanent arbitral institution.

The essence lies in the point that forum is chosen by the parties itself with the clear intention that it must act judicially after making in the account having the relevance of the evidence laid before it and thereby taking into the consideration the entire submissions of the parties.[13]

Therefore it follows that if the chosen forum has failed to act judicially, the process is not said to be arbitration.[14]

WHAT CANNOT BE REFERRED TO ARBITRATION

As a matter of general practice, matters involving moral questions or questions of public law cannot be resolved by arbitration. For Instance, the following matters are not referred to arbitration.

• Matrimonial matters, like divorce or restitution of conjugal rights. Under the code of civil procedure, Family disputes are to be resolved through conciliation and as the arbitration is a private litigation, hence the matrimonial disputes are outside the purview of arbitration;
• Matters relating to guardianship of a minor or other person under disability.
• testamentary matters, for example, questions about the validity of a will;
• insolvency matters, such as adjudication of a person as an insolvent;
• criminal proceedings;
• questions relating to charities or charitable trusts;
• matters filling with the purview of the monopolies and restrictive Trade practices Act,
• Dissolution or winding up of a company.

MEDIATION

It is the process in which the mediator is simple being a neutral man for both the parties to the dispute, works with them, so as to find out a best solutions to resolve their disputes and most importantly which is acceptable to both of the parties.[15]

Following are the ways of mediation:-

1. The MTA, approach which is Mediation Team Approach efficaciously enables the shattered couple to have what might be called as successful. or affirmative separation. The concerned problem is required by law to be resolved as far as possible so the party can lead the cheerful life again. If the party is successful in getting the resolution, then this will ultimately leads to the unification of the couple on a whole
2. Win/Win agreements plays a crucial especially where each of the interested participant arrives to win a solution, thereby curbing the sphere of the disputes between the parties.

• The process of mediation involves the three levels of the relationship in which the people can operate:-

1. “You or me,”
2. “You and me,”
3. “We”

The moment the position of the parties changes from “you or me” to “we” the endeavors of the mediation centers is sort to be achieved.

1. In You or ME domain, each party member is trying to look what is best for them, without paying any heed to what the fellow mate aspires, namely winning or losing situation. However, in “You and Me,” way of relating, each of the party member is also interested in the other person’s winning as well. Last but not the last in “We” domain both the members of the party will be going in the bee line with the unified efforts. Mediation on whole can take place where the couples learnt to solve their disputes, thereby this method of resolution is sought to be taught by the mediation officer.
2. The purpose behind the “we” approach in to set the couple in bee line so the unified efforts of both of them could be utilized in proper manner to conciliate the marriage, therefore the mediation can take place where couples are showing their interest to get their problems resolved by the methods of mediation, and thereby learning the easy, efficient and cheap methods to resolve their conflicts and enable them to lead the planned, happy and cheerful life.
3. Once the couple receives the correct guidance from the trained mediator, the probability of dissolving the marriage will lower down automatically and thereby allowing the couple to give a fresh start to their lives once again.

At every stage of this mediation process, each party is advised by their attorneys of their rights and the ramifications of each decision. In this way, the adversarial nature of the litigation process can be voided and the client can be represented by their separate lawyer as well, at each and every step.

This model of arbitration process paves the way for the parties to move forward in as amicable way as possible and their “conflicting interests” of the parties on a whole are being carefully examined and monitored by the respective mediator officers.

 CONCILIATION

It is the process by which a neutral man meets with the parties to a dispute, which is required to be resolved. It is relatively stronger unstructured method of dispute resolution in which third party facilitates the communication between the parties in an attempt to provide assistance to them so as to settle the disputes in the end.[16]

This attempt is to reconcile the parties, thereby showing each side the contrary aspects of the dispute, so as to bring each party to the dispute together so as to reach the conclusive satiated end. Section 96[17] of the Act of 1996, provides the conciliation for the disputes arising out of the legal relationship, be it be the contractual or not & to all proceeding relating thereto. There is stubble variation between the mediation process & the methods of the conciliation. Whereby in former the third neutral party is termed as mediator which plays an active role giving independent compromise formulas after giving each of the party reasonable opportunity of being heard & on the other hand in latter, the neutral intermediary’s role, is just to bring the parties together in the common frame of mind to forget their animosities an prepare them for an acceptable compromise.

NEGOTIATIONS

Communications to negotiate is simply for the purpose of persuasion-is the pre-eminent mode of disputes resolution. As compared to other modes of ADR, this method has a advantage of allowing the parties themselves to have a control over the process and the possible solutions as well.

Following are some of the essentials of Negotiation Process:-

1. It is a communication Process,
2. It resolves the conflicts,
3. It is a voluntary exercise,
4. It is a non-binding process,
5. Parties retain the control over outcome and procedure.
6. Last but not the least, there is a possibility of achieving wide ranging solutions and of maximizing joint gains.

LOK ADALATS

It has roots since the time immemorial in a diverse country like India where illiteracy dominates at its peak over the other aspects of the governance. This concept has come into picture a way back in 1982 & the first Lok Adalat was instituted in the state of Gujarat. Its evolution with the time is the part & parcel to resolve the conflicts & to less on the burden over the court of law.

It was the conglomerations of the concepts of the social justice, speedy justice, conciliated result & negotiating efforts. Honorable HC of Delhi has given landmark judgments highlighting the significance of Lok Adalats, as the court has passed the order giving directions for the permanent setting up of the Lok Adalats.[18]

Moreover, the object of the Legal Services Authorities Act, 1987 is to provide free and competent legal services to the weaker sections of the society to ensure the particular opportunities for securing the justice for the denied citizens. Prior to this Act, the settlements were achieved by the Lok Nyayalayas but unfortunately the same hadn’t been given any statutory recognition.

 LATEST UPDATES

November 17, 2017 Delhi High Court had settled[19], those conciliatory procedures, methods, mode are required to be adopted by the judicial system of India to serve the justice in equal hands. The Hon’ble H.C has allowed the plea for quashing the FIR seeking one of the party, which has amicably settled the matters and disputes related to the matrimonial problems prevailing between the couples. Even the women forming the part of the other party has assented the quash with no objection in doing so.

While describing the need of an hour for the adaptation of the mediation processes the Hon’ble H.C has brought into limelight the role of the emerging branch of the Mediation Process, assisting in resolving the matrimonial disputes. It is said by the law executing machinery by the constitutional mandate is for the speedy disposal of the matrimonial disputes so as to grant the quick justice to the aggrieved parties. The court has also edified that as the matrimonial disputes are mainly between husband and wife and personal matters between the couples so these kinds of quarrels are required to be resolved by the mediation processes only. And consequently this method has given the affirmative responses in reducing the burden from the judiciary.

The cort in giving such a pedestrain of resoling thematrimonial disputes, has placed its reliance on one of case in 2003, while quashing the same it has been held by the court that women in the concerned dispute has falsely alleged that she has been subjected to the cruelity by her husband on being disattisfied with the dowery brough byher during her marrige. Accordingly the couple had agreed to get separated by mutual consent with demnad of being pain Rs 4.88 lakhsto women towards full and final settlement to all the disputes. The court has observed that every endevour should be made to promote the concialation and mediation porcess so as to secure the speedy settlements of the disputes relatin to the family and matrimonial disputes between the couples.

Bengluru Dec. 08, 2014,[20] Another instance of the similar updation is given by the Hon’ble H.C of Karnataka to the Family Courts that if the latter fails to refer the matter for concialation then the same will be consdered as the “Breach Of Law”  , in this case the Judge of theKarnataka H.C has refused to refer the matter for the concialation of the 26 years old man, based in Washington in U.S to declare his marriage null and void.

It has been put forward in the submissive guidelines of the Hon’ble H.C that the said duty of reffering the matter is casted upon the Family Courts, prime –facie efforts should be made to bring on the concialation and mediation in the matrimonial cases, but on a contrary the Judge of the Family Court has behaved in diametrically opposite way and thereby has commited the breach of law beyond the reasonable doubt.

This ends with the guidelines for the mediator to adoted while stepping into the concialation process, which are as follows:-

1. Probing of the facts,
2. Identifying the real cause of dispute,
3. Exploration of the best possible methods of reconcialations,
4. Enabling the parties to sail on the same boat,
5. Last but not the least, shaping the solution within the letters of the law.

So this implies the social as well as the legal duties over the shoulders of the court of laws to give every aggrievedthe option of mediation to extract the best out it, so as to fit in the domain of the efficient square deal.

This demands the patience on the part of the concerned parties as the time is required to vanish the bitter taste of the disputed fruit.

SUGGESTIONS FOR IMPROVING THE MECHANISM

The evolutionary growth of the accorded ADR methods is not of much success because of the lack of awareness among the people at large. Thereby flowing with trend the entire imposition of the responsibility & duty is over the court of laws.

1. The institutional framework has to be followed up in the following three stages:-
2. Awareness,
3. Acceptance,
4.  

1. The mechanism of the ADR is required to be more viable, meaning thereby the inflow of the cases can’t be stopped because the doors of justice can never be closed for anyone who’s aggrieved.

• Need for the implantation of the mediation centers in every district of each state with a view to profound a change in the Indian Legal System.

1. Most of clan of the poverty stricken citizens can’t afford the litigation process. So ADR mechanisms are required to be taken to the reach of poor and needy people.

WAY FORWARD

The mediation process is to be sailed in the same boat. This method of resolving the matrimonial disputes is the core requirements for the effective functioning of the civilized nation. Be it any organization or the individual, everyone preserves the right to step into the best possible square deal be it, the personal, sensitive & commercial sense as well as the interests of the discrete. There are no dedication given to the laws so enshrined in the procedural books as not being strictly adhered  to curb or to curtail the lengthy chain of the prolonged litigation proceedings, so as a whole against the blowing wins to crime in India. The legal challenge includes:-

Thereby making it has become extremely difficult to ensure the protection of equality of the large aggrieved clan. Though digitalization has paved the pace of the functioning of every sector in the modern scenario & is a rapidly spreading phenomenon in the world but no endeavors has been made for ensuring the interests of the people who are the victims of the crimes from the hands of the others making the false allegations. Judicial advancements have always been bait for increasing criminal applications against the innocent victims. Many new possibilities have opened up for the prepetition of crime. The illusion so created by this dark web of criminal world to the informing the criminals about the laws favoring the one who lays the evidences in their favor no matter even if the party representing the same to be false itself & thereby, has incepted all over the world. The three organs combined efforts have been tackling the problems by introduction various laws. Definitive steps have been undertaken by the government of India so that it lives up to the objective of improving the conditions of the aggrieved in India but no concern has been shown by the governments to make an step of hospitality towards the allegedly victimized. So in the light of above, there is a dire need of adaptation of the mediation processes so as to plug in the loopholes in the best interest of the country

[1] B. Hanotiau, ‘L’ arbitrabilite’ (2002) 292 collected courses of the hogue academy of International law 25, c.1 ⅈ Gailard & J. Savage, eds., Fouchard, Gaillard, Goldman on International commercial Arbitration( The Hague: Kluwer Law International,1999) [ hereinafter Fouchard Gaillord Goldman] part II, c ii, sect.III

[2] Fouchard Gaillord Goldman, supra note 2, at Para 534.

[3] B. Hanotiau, supra note 2 at para 18.

[4] K.H. Bockstiegel ‘Public Policy and Arbitrability’ in comparative Arbitration Practice and Public Policy in Arbitration, ICCA Congress Series No.3 (Deventer; Kluwer Law & Taxation, 1987) 177 at 178.

[5] Loukas.

[6] (1998) EWCA Civ 1801.

[7] (1920) 2 King’s Bench 287.

[8] International and commercial law Centre of the faculty of law and legal practice, University of technology, Sydney, in association with the International Law Association (Australian Branch). 1998, Australian International Law Journal, p.217.

[9] 108 (2003) DLT 669.

[10] (2007) 5 SCC 510.

[11] D.Majumdar, Survey of Effect of Prolonged Litigation over Couples, The Hindu, July 11, 2017 at 9.

[12]Justice Manju Goel, Successful mediation in matrimonial disputes approaches, resources, strategies and management, THE JUDGE AT DELHI HIGH COURT, (Aug. 08, 2017), http:/www.lawfaculty.du.ac.in.

[13] Pride of Asia Films vs. Essel Vision (2004) # Arb LR 169,180 (Bom).

[14] OP Malhotra, Indu Malhotra, The Law and Practice of Arbitration and Conciliation,(Lexis nexis 2^nd ed., 2006).

[15] Sriman Panchu, Mediation, Practice and Law, 9(Lexis Nexis2011).

[16] Garner, Black’s Law Dictionary (9^th ed., 2009).

[17] The Arbitration and Conciliation Act of 1996.

[18]Abul Hassan & National Legal Services Authority vs. Delhi Vidyayut Board & Ors. AIR 1999 Del 88.

[19]The Delhi H.C, The Settled Law on Importance of Mediation Process, The Indian Express, Nov. 17, 2017, PTI, New Delhi, at 1.

[20]The Delhi H.C, Non-Reference to Mediation Centers Amounts to Breach of Trust,The Hindu Dec.8, 2014 at 1.