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S. MANU, NITIN JAMDAR
Suo Motu JPP Initiated By The High Court Of Kerala – Appellant
Versus
NIL – Respondent
ORDER :
Nitin Jamdar, C.J.
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 August 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 Pr
Incorporation of mediation settlement terms in judgments requires statutory backing and party consent, with decisions depending on the nature of the case.
The court acknowledged and enforced a mediated settlement, modifying the previous decree.
The court supports the enforcement of settlements reached through mediation in matrimonial disputes.
Settlement reached through mediation is binding and concludes the appeal process.
Mediation settlements are binding and must result in a decree, as mandated by Section 89 of the CPC, overriding the need for additional evidence to support declarations.
Dispute resolution through mediation under relevant procedural laws allows for judicial efficiency and voluntary compliance with settlement terms.
Court confirms the mediation agreement reached between parties, leading to the disposal of the petition without further directions.
Court's approval and recording of mediation agreement in a civil dispute resolution.
Mediation settlements can be judicially recognized even if not all parties are signatories.
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