THE NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL

ALTERNATE DISPUTE RESOLUTION

(CLINICLA COURCE)

SUBMITTED TO SUBMITTED BY
Ass. Prof. SAUBHAGYA
BHADKARIA DIVYANSHU BARAIYA
ROLL NO. 2019 BALLB 53
 REPORT SUBMISSION ON THE

VISIT TO THE LOK ADALAT

(12th November, 2022)

Table of Contents

Title………………………………………………………………………………….

Introduction................................................................................................................................ 1

Legal Provision related to Lok Adalat............................................................................................ 2

Observations ................................................................................................................................... 3

Conclusion ......................................................................................................................................4
TITLE – VISIT OF LOK ADALAT

VISIT DATE 12/11/2022

JUDGE NAME – JUDGE MANJUSHA TEKAM

MENTORING TEACHER – Ms. SAUBHAGYA BHADKARIA

Introduction

NALSA along with other Legal Services Institutions conducts Lok Adalat’s. Lok Adalat is
one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases
pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok
Adalat’s have been given statutory status under the Legal Services Authorities Act, 1987.

Lok Adalat’s (people’s courts) settle dispute through conciliation and compromise. First time
it was held in Chennai in 1986. It accepts cases pending in regular court under their
jurisdiction.

The decision of the Lok Adalat is binding on the parties to the dispute and its order is capable
of execution through legal process. No appeal lies against the order of the Lok Adalat.

Lok Adalat is very effective in settlement of money claims. Disputes like partition suits,
damages and matrimonial cases can also be easily settled before Lok Adalat, as the scope for
compromise through an approach of give and take is high in these cases.

A Lok Adalat has the jurisdiction to settle, by way of effecting compromise between the
parties, any matter which may be pending before the court, as well as matters at pre-litigative
stage i.e., Disputes that have not been formally instituted in any court of law

Some important features of Lok Adalat’s are:

• The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman.

• Main condition of the Lok Adalat is that both parties in dispute should agree for settlement.
• There is no court fee.

• If the case is already filed in the regular court, the fee paid will be refunded if the dispute is
settled at the Lok Adalat.

• The procedural laws and the Evidence Act are not strictly followed while assessing the
merits of the claim by the Lok Adalat

Legal Provision related to Lok Adalat

Section 89 of Civil Procedure Code provides for Settlement of disputes outside the Court.
(1) Where it appears to the court that there exist elements of a settlement which may be
acceptable to the parties, the court shall formulate the terms of settlement and give them to
the parties for their observations and after receiving the observation of the parties, the court
may reformulate the terms of a possible settlement and refer the same for-

(a) Arbitration;

(b) Conciliation

(c) Judicial settlement including settlement through Lok Adalat; or

(d) Mediation.

(2) Where a dispute had been referred-

(a) For arbitration or conciliation, the provisions of the Arbitration and Conciliation Act,
1996 shall apply as if the proceedings for arbitration or conciliation were referred for
settlement under the provisions of that Act.

(b) To Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the
provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 and all
other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

(c) For judicial settlement, the court shall refer the same to a suitable institution or person and
such institution or person shall be deemed to be a Lok Adalat and all the provisions of the
Legal Services Authority Act, 1987 shall apply as if the dispute were referred to a Lok Adalat
under the provisions of that Act;

(d) For mediation, the court shall effect a compromise between the parties and shall follow
such procedure as may be prescribed.

Observations
During the conversation with the presiding officer, we were told that with mainly two types
of cases will come before the Court today and they are:

1. Cases related to money claims;

2. Cases under section 138 of Negotiable Instrument Act.

We were also told the process followed during Lok Adalat, where the parties submits an
application to the Court for resolving there dispute through Lok Adalat whereby a Docket is
created after which it is attached to the case files and the settlement agreement is presented
before the court where the judge signs it and the settlement reached by the party receives the
seal of the court.

Case number 1:

The parties were involved in a loan transaction where two loans of 4 lakh and 2 lakh EA
forgiven by the lender to the borrower. There was default on part of the borrower which
resulted in the accrual of interest. The dispute related to the rate at which the interest accrued
for the past 3 years and the case was presently at the Appellate stage. Here, the parties
entered into settlement where by the borrower agreed to pay the principal amount with an
additional amount of Rs. 15,000/- as a reduced rate of interest.

The parties were asked to deposit 2% of the suit value to the Legal Service Authority of the
Court. This was the benefit of entering into settlement before Lok Adalat where this
settlement was given a legal nature and the party was ask to deposit only 2% of the suit value.
Also, the Court fee paid by the parties was refunded.

Case number 2:
Urmila Dubey v. Babu Khan & Ors.

This case revolved around an Insurance claim arising out of an accident. Here, the fulfilment
of requirement under section 160 of Motor Vehicle Act, 1980 was in question. Section 160
talks about the duty to furnish particulars of vehicle involved in the accident. It stipulates an
obligation on the authority to furnish to that person, who alleges that he is entitled to claim
compensation in respect of an accident, the particulars of the vehicle relating to the
identification marks for the name and address of the person who was using the vehicle at the
time of accident, within a reasonable time. The insurance company was not willing to pay the
amount it was supposed to pay, as according to it there were some discrepancies in the
documents received under Section 160.

However, the parties arrived at the settlement whereby the insurance company agreed to pay
the amount after adopting a lenient approach and after considering all other documents
supporting the claim. The matter was pending before the court for a long time. Lok Adalat
helped the parties to resolve disputes where by the assured also let go some of the amount to
which he was entitled in order to reach the settlement. The court fee of both the parties was
refunded to them.

INSIGHTS FROM JUDGE

It was an amazing experience of having an interactive session of one hour with the Judge.
The Judge talked with us on variety of subjects which included the importance of Lok
Adalat’s, the approach of parties in the Lok Adalat, role of subordinate courts in the Indian
Judicial system, and the importance of giving true picture of subordinate courts and Lok
Adalat’s to law students in their curriculum.

SUGGESATION
 Lok Adalat as means of settling disputes has to encouraged by the parties
as
well as by the Judges. Judges must themselves recommend the solving of
dispute through Lok Adalat to the parties.

 The frequency of sessions Lok Adalat should be increased.

 The powers of Lok Adalat should be widen.

 The Lok Adalat must collaborate with the Law Universities and other
such institutions for promotion of Lok Adalat and they may also take the
assistance of law students whenever the nature if work require so.

Conclusion
Lok Adalat is the contribution of India to the realm of alternative dispute resolution. This
process has gained popularity over time and this is clear from the fact regarding the number
of cases being resolved and the amount of compensation that is being provided on a single
day. Lok Adalat has emerged as a process which not only saves one's time but also money.
Moreover, Court fee is also refunded to the party once they reach a settlement.

During our visit at the Lok adalat we have witnessed the disposition of cases at the Lok
Adalat to get a first-hand account of legal proceedings. Generally, the cases of trivial nature
in which the amount of fine was too low or where there was no or short term imprisonment,
was referred to the Lok Adalat for settlement so that the parties could get relief from the
hectic legal proceedings and they could amicably get their dispute resolved. Also this would
help the court to reduce its burden.

However on witnessing the proceedings in person, it appeared that majority of people were
not interested in attending the proceedings and were absent on the day because of which the
proceedings could not run smoothly.

Lok adalat, however, is a effective means of resolving disputes of trivial nature once the
parties conform to it. Lok Adalats can be functional at larger levels only if people are willing
and aware of its advantages and if the drawbacks are done away with
 REPORT SUBMISSION ON THE

District Legal Service Authority Visit

TABLE OF CONTENT

INTRODUCTION ……………………………………………….

ACTIVITIES OF DLSA…………………………………………..

SERVICES PROVIDED BY DLSA………………………………

AREA OF LEGAL AID……………………………………………

AREAS WHERE LEGAL SERVICE IS NOT AVAILABLE………….

PROCEDURE FOR LEGAL AID……………………………………..

NATURE OF LEGAL AID…………………………………………

CONDITIONS UNDER WHICH LEGAL AID MAY BE WITHDRAWN…..

INTRODUCTION
Legal Services Authorities are statutory bodies constituted in the states of India by the Legal
Services Authorities Act 1987, as enshrined by article 39-A of the Constitution of India, for
providing free legal services for the citizens. These authorities give free legal aid to a person
if he/she is not capable of bearing the expenditure. This includes appointing a lawyer in case
the person is a defendant in a case. These authorities periodically organize 'lok-adalats' (Hindi
for People's Court) for out-of-the-court settlement of the cases (under provision of the law).
There are two types of lok Adalat’s i.e Permanent Lok Adalat (public utility services), and
non-permanent lok Adalat (simply known as Lok Adalat).

Composition of DLSA

The composition of DLSA is mentioned in Section 9(1) of the Legal Services Authorities
Act, 1987. Its states that the DLSA is a body that shall be constituted by the State
Government in consultation with the Chief Justice of the High Court. It shall be constituted in
every District in the State in order to exercise the powers and perform the functions which are
assigned under this Act.

Sub-section 2 of Section 9 explains the members required for the functioning of DLSA. It
provides that a District Authority requires the district judge as its chairman. It shall also
consist of such number of other members who have the experience and qualifications as
prescribed by the State Government. The members possessing such requirements may be
nominated by the Government in consultation with the Chief Justice of the High Court.

Section 9(3) of the Act mentions that the State Authority shall appoint a person in
consultation with the Chairman of the District Authority to exercise the powers and perform
the functions under the Chairman as may be prescribed by him. The person to be appointed
shall belong to the State Judicial Service not lower than rank than that of a Subordinate Judge
or Civil Judge posted at the seat of the District Judiciary as Secretary of the District
Authority. Assistant Commissioner of the concerned District acts as the Member Secretary of
the District Authority.

The number of officers and other employees may be appointed by the District Authority as
the State Government prescribes to do. The appointment must be done in consultation with
the Chief Justice of the High Court. Sub-section 5 of Section 9 of the Act has this
explanation.
Salary and Allowances

Sub-section 6 of Section 9 of the Act has the mentioning of the above matters. The mentioned
section states that the officers and other employees of the District Authority are entitled to
salary and allowances and shall also be subject to such other conditions of the services as the
State Government in consultation with the Chief Justice of the High Court prescribes it.
Section 7 deals with the administrative expenses of every District Authority which also
includes salaries, allowances and pensions payable to the members. It explains that the matter
of administrative expenses of the Secretary, officers and other employees of the District
Authority shall be paid out of the Consolidated Fund of the State.

Orders and Decisions

According to Section 9(8), all the decisions and orders of a District Authority shall be attested
by the Secretary or by any other officer of the District Authority who is duly authorized by
the Chairman of that authority. Sub-section 9 of the mentioned section makes it clear that the
any act or proceeding of a District Authority shall not be invalid merely on the ground of the
existence of any vacancy or defect in the Constitution of the District Authority.

FUNCTION

DISTRICT LEGAL SERVICES AUTHORITY (DLSA) ENGAGES IN THE

FOLLOWING ACTIVITIES:
 Provides free and competent legal aid in the nature of counselling and legal advice as
well as free legal services in the conduct of cases before Courts and Tribunals.
 Organizes regular Lok Adalat every month for pending cases of all types as well as
special Lok Adalat’s for special categories of cases. Lok Adalat’s limit costs, delays
and ensure speedy justice overcoming legal technicalities.
 Undertake responsibilities of pre-litigation dispute resolution through conciliation
mechanism by establishing Permanent Lok Adalat’s in each district where matters
relating to Public Utility Services are taken up for settlement
 Spreads Legal Awareness among the public, targeting particularly the beneficiaries
of social legislations and the public at large on various issues of legal importance.
 Special endeavour is made for rendering free legal aid to under trial prisoners whose
cases are pending in Courts.
  Organizes Legal Literacy Classes in colleges, jails and Legal Awareness programmes
for woman and children in need of care and protection.

THE DISTRICT LEGAL SERVICES AUTHORITY (DLSA) PROVIDES FREE

LEGAL AID AND SERVICES TO:

 A member of schedule caste or Schedule Tribe.

 A victim of trafficking in human beings or beggar.
 A woman or a child.
 A person with disability such as visual impairment, locomotors disability, hearing
impairment, mental health problems etc.
 A victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake
or industrial disaster.
 An industrial workman.
 A person in custody including a juvenile, i.e. a person up to the age of 18 years in
protective home or a mentally ill person in a psychiatric hospital or psychiatric
nursing home.
 A person with an annual income of less than ` 75,000/-

AREAS OF LEGAL AID/MATTERS WHERE LEGAL SERVICES MAY BE MADE

AVAILABLE
 All cases of a civil nature such as property dispute, matrimonial dispute and matters
dealing with the custody of a child, labour and service matters, compensation in motor
accident cases, Consumer disputes under the Consumer Protection Act etc.
 All cases involving criminal offence.
 All cases of violation of fundamental rights guaranteed by the Constitution of India.
 Cases of great public importance.
AREAS WHERE LEGAL SERVICE IS NOT AVAILABLE

 Cases of defamation.
 Cases of contempt of court or perjury.
 Proceedings relating to any election.
 Proceedings with regard to economic offences.
 Offence covered by social legislation such as complaint against untouchability etc.
The Chairman of concerned Authority may, however, grant legal aid even in such
proceedings in an appropriate case.

PROCEDURE FOR LEGAL AID

 An application in writing stating in brief the grievance or the cause for which legal aid
is sought is to be filed before Office of the Chairman, District Legal Services
Authority (DLSA), BHOPAL
 In case an applicant is illiterate, the Secretary or an officer of the concerned Authority
shall record his verbal submission and obtain his thumb impression/signature on the
prescribed form available in the Office of the Chairman, District Legal Services
Authority (DLSA), BHOAPL.
 The applicant may be required, if necessary to execute an affidavit in the prescribed
format as to his eligibility criteria for seeking legal aid.
 The Member secretary, District Legal Services Authority (DLSA), BHOPAL may
examine the applicant to verify the facts stated in the affidavit and for information
necessary for deciding the eligibility criteria.
 The application shall be processed as early as possible and preferably within one
week.

CONDITIONS UNDER WHICH LEGAL AID MAY BE WITHDRAWN

 Where the aided person is found to possess sufficient means.

  Where the aided person obtains legal aid by misrepresentation or fraud.
 When the aided person does not co-operate with the committee or with Authority.
 Where the aided person engages a legal practitioner other than a practitioner assigned
by the ASLSA/DLSA/ Subdivisional Committee.
 Where the aided person dies during the proceeding except in civil proceedings where
the right to sue survives.
 Cases where the application for legal aid or matter in question is found to be an abuse
of the process of law or of legal services.

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GUEST LECTURE ON ONLINE DISPUTE RESOLUTION
INTRODUCTION

In 1999, when the platform e-bay sought assistance of University of Massachusetts Amherst
Centre for Information Technology and Dispute Resolution in its pilot project to meditate
disputes between buyers and sellers online, no one could have predicted that it will become a
landmark for the contemporary history of law to witness. The project went on to handle two
hundred disputes in just a span of two weeks, which till date is the largest number of disputes
ever handled online.

The potential of Online Dispute Resolution was on the verge of being recognised in global
arena pushing the traditional notions of resolving disputes in only court rooms when the
novel coronavirus hit the entire world. The advent of the pandemic has not just disrupted the
day-to-day lives but has pushed the judicial system to embrace technology more than ever.
The circumstances, however, have turned more in favour of making Online Dispute
Resolution a go-to mechanism to resolve disputes since the lockdown has made a
considerable increase in the backlog of cases in courts.
In the light of the above, Niti Ayog under the chairmanship of Justice (Retd.) A.K. Sikri
released its report titled 'Designing the Future of Dispute Resolution - The ODR Policy Plan
for India' on 28.11.2021. The report has made an attempt to develop an action plan to cater
dispute resolution process in India online by adapting dispute avoidance, dispute
containment, and dispute resolution.

ONLINE DISPUTE RESOLUTION (ODR)

ODR is the process of resolution of disputes, particularly small- and medium-value cases,
using digital technology and techniques of ADR, such as arbitration, conciliation, and
mediation. The United Nations Commission on International Trade Law (UNCITRAL)
Technical Notes on Online Dispute Resolution 2016 define ODR at paragraph 24 as:

'A mechanism for resolving disputes through the use of electronic communications and other
information and communication technology [ICT]. The process may be implemented
differently by different administrators of the process and may evolve over time'.

In India, there have been various instances where the courts have indicated towards pro-ODR
approach. It becomes pertinent to analyse how prepared the country is to adapt this change in
the system.

CURRENT FRAMEWORK IN INDIA

Owing to the changing circumstances, any debut institution in the societal framework
demands a governance framework for regulation purposes. The report of the high level
committee on Deeping of Digital Payments was the first formal step for the development of
ODR in India. There are a range of contributing legislations that deal with the ADR and
technology angle of ODR. The Arbitration and Conciliation Act, 1996, governs the domains
of ADR. However, the parent legislation is the Code of Civil Procedure, 1908. Section 89 of
the Code provides for the power of the court to expose the parties to all forms of ADR and
not just within the limits of arbitration, i.e., the conciliation and judicial settlement, including
the settlement through mediation or Lok Adalat. These Lok Adalats are governed by the
Legal Services Authorities Act, 1987.
Further, Section 12A of the Commercial Courts Act, 2015, introduced pre litigation
mediation in India. The parties should consider the option of initiating mediation before
directly filing a suit unless the case requires urgent interim relief. Section 442 of the
Companies Act, 2013, states that a panel of experts called the 'Mediation and Conciliation
Panel' must be maintained by the Central Government. The enactment allows parties to
proceedings before the National Company Law Tribunal (NCLT) or National Company Law
Appellate Tribunal (NCLAT), sometimes even the central government, to request for the
dispute to be referred to mediation. In section 74 of the Consumer Protection Act, 2019,
consumers are facilitated with broad base mediation through establishment of 'Consumer
Mediation Cells' in every district. Further, the Consumer Protection Act (E-Commerce)
Rules, 2020, has set the foundation of ODR by mandating e-commerce entities to develop
internal grievance redressal mechanisms.

Further, the Information and Technology Act, 2000, comes into play for the technical aspect
of ODR. Electronic records and signatures are recognized by section 4 and 5 of the
enactment. The digitisation of justice delivery system is in crucial need of legal recognition,
for which this Act can be used as a support system. The Supreme Court in the case of Shakti
Bhog Foods Ltd v. Kola Shipping Ltd., held that:

"Online arbitration agreements are lawful as fulfilling the essentials of a complaint under
sections 4 and 5 of the Information Technology Act."

Another notable legal framework is the Indian Evidence Act, 1872, where section 65-A and
65-B of the Act recognises electronic evidence, sharing of virtual documents and conducting
virtual hearings can be regulated through such provisions.

For the purpose of appointing an arbitrator, the Supreme Court, in the case Grid Corporation
of Orissa Ltd. v. AES Corporation4 allowed remote conferencing for the purpose of
appointing an arbitrator. Similarly, in the case of State of Maharashtra v. Praful Desai, the
Supreme Court upheld video conferencing as a valid mode for recording evidence and
testimony of witnesses.

The apex court in the Meters and Instruments Private Limited &Anr. v. Kanchan Mehta
observed that:

"Use of modern technology needs to be considered not only for paperless courts but also to
reduce overcrowding of courts. There appears to be a need to consider categories of cases
which can be partly or entirely concluded "online" without physical presence of the parties by
simplifying procedures where seriously disputed questions are not required to be
adjudicated."

Benefits of ODR

 Cost-Effective – ODR has the potential to reduce legal costs. First, by way of reduced
time for resolution and second, by doing away with the need for legal advice in the
select category of cases
 Convenient and quick dispute resolution – ODR eliminates the need for travel and
synchronisation of schedules
 Increased access to justice – As part of India’s commitment and leadership to attain
Sustainable Development Goals adopted by the UN General Assembly in 2015, India
is committed to ensuring equal access to justice for all. Since ODR tools such as
online negotiation and mediation are premised on mutually arriving at an agreement,
they make the dispute resolution process less adversarial and complicated for the
parties
 Removes unconscious bias – ODR processes lessen the unconscious bias of the
neutral while resolving disputes
 Exploring the massive potential of Online Dispute Resolution (ODR) can enhance the
Ease of Doing Business in India

Challenges of ODR

 Digital literacy – ODR requires a basic level of digital literacy as a prerequisite. In

India, digital literacy often varies across age, ethnicity and geography. This digital
divide needs to be addressed to ensure that ODR is adopted by society at large and not
remain limited to urban areas
 Digital infrastructure – A broad base adoption of ODR will require essential
technology infrastructure across the country
 Lack of trust in ODR services – A lot of people in the country do not trust the
emerging technology which is a major challenge for the people of India
 Privacy and confidentiality concerns – Greater integration of technology and reduced
face to face interactions create new challenges for privacy and confidentiality,
especially in dispute resolution
RECOMMENDATIONS

The adoption of ODR comes with its own set of challenges. Keeping in mind a vast
population, there is a gap in the digital literacy in the country. In order to achieve the full
implementation of ODR, the gap needs to be reduced. Similarly, there are concerns regarding
the lack of digital infrastructure, which includes access to computers, smart phones and
medium to high bandwidth internet connection for at least the length of time it takes to
conduct hearings. Moreover, there is a lack of awareness regarding the ODR.

The Committee, hence, has provided recommendations in order to curb down the challenges
which pose a threat in implementation of ODR. It has become necessary that the regulatory
model adopted by India protect the rights of the end users while ensuring that such regulation
does not curtail innovation. The report suggests adoption of light touch regulatory model that
uses both, legislative and non-legislative tools. The existing legislation is required to be
amended to encompass the needs of ODR.

The recent times have seen the rise in the trend of the pre-litigation mediation. One of the
keys to implement pre-litigation mediation can be adoption of opt-out model of compulsory
or mandatory pre-litigation mediation, as followed in Italy and other jurisdictions. What
needs to be taken care of is that adoption of such models has also resulted in barrier in access
to courts as happened in Romania. Hence, a carefully woven model needs to be adopted to
cater to the needs of India's judicial system.

Additionally, an ideal set of standards can be introduced that can be adopted by the
stakeholders as voluntary principles. These principles can govern the technology as well as
the design of ODR platforms and ethical obligations for ODR Centres and Neutrals.

ODR has been catalyst in improving the ease of doing businesses in other countries. For
example, in European Union, the merchants are mandated to inform the customers regarding
the availability of ODR. This helps in more stringent enforcement of contracts thereby
improving the ease of doing business in the country as it brings in more investment in the
country.

How can We Improve Online Dispute Resolution Mechanism?

Increase Access to Digital Infrastructure:

Increased physical access to technology and infrastructure can only be achieved by the
combined efforts of two key stakeholders - the Government and the judiciary.

National Digital Communication Policy, 2018 and National Broadband Mission aims to
provide universal broadband connectivity and facilitate effective participation in the global
digital economy.

Increase Digital Literacy:

Physical access to technology and infrastructure is only one aspect of access to digital
infrastructure. To unlock its true potential, users of such technology should be digitally
literate.

Pradhan Mantri Gramin Digital Saksharta Abhiyaan (PMGDISHA) will go a long way to
ensure access to justice in even the remotest and the most marginalised sections of the
society.

Innovative Platforms:

To maximise access ODR Platforms should be designed mobile friendly to enable their wide
adoption. Further, it is also desirable inclusion of voice prompts technology given the
limitations in digital literacy.

LIMBS is a web-based application for monitoring cases involving the central government of
India, in a more effective and transparent manner.

It is an initiative of the Department of Legal Affairs (DoLA), Ministry of Law and Justice.

Capacity Building:

There is a need to introduce training programmes, strengthen paralegal services within

communities, and introduce uniform training standards based on practical skills through
demonstrations and simulations for all ODR professionals throughout the country.

The Government initiative Study Webs of Active-Learning for Young Aspiring Minds
(SWAYAM) can be harnessed for ODR courses and ODR training can be provided by this
platform.

Suitable Regulation:

It is necessary that the regulatory model adopted by India protect the rights of the end users
while ensuring that over-regulation does not stifle innovation. Including, Amendments in the
existing legislations to incorporate ODR to introduce mandatory pre litigation online
mediation for certain classes of cases.

Recently, a group of ministers was constituted to evaluate the establishment of a ODR-

enabled GST Appellate Tribunal.

It will function as an independent body Section 111 of the Central Goods and Service Tax
Act, 2017 clarifies that the GST tribunal will have the power to regulate its own procedure.

Mainstream E-stamping:

As ODR often deals with inter-state disputes where disputing parties are residing in different
jurisdictions, there is a need to harmonise stamp-duty and procedural requirements across
different States.

Allow online notarisation:

Online notarisation through secure e-signature and electronic notary seal can address this
challenge and provide an online mode for authentication and validation.

Digital lockers can be provided to the notaries to store and maintain all the necessary records
for the documents notarised through online notarisation.

Block-Chain Technology:

It can be leveraged for protection of e-evidence from being tampered with, thereby providing
tamper-proof storage of evidence.

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MEDIATION CASE STUDY

INTRODUCTION:
 It's good to see the two of you here. I'm Amit Ranjan Samadhiya. I will be serving as your
Mediators. You may call me by my first names; how would you like me to address you?

        The purpose of our meeting is to help you work out an understanding acceptable to both
of you to resolve the situation that has been developing for you. 

        First, we would like to explain how we will proceed, so you know what is happening
next. We will begin by asking each of you to explain to us as Mediators exactly how you
view things. We will do our best to understand exactly how it looks from your shoes. After
that, we will identify and agree on what the basic issues of disagreement are. Then we will
work together with you in examining exactly what you want of each other and what some
possible solutions might be. Our goal is to help you find a solution that both of you feel
comfortable with.

        We would like you to understand what our role is here. Our goal is to help You figure
out Your own solution to Your problems. You are the ones who will be living with your
solution from here on, so we want you to be the ones who decide what the solution will be.
We won't be telling you what to do or trying to judge who is right or wrong. We are much
more interested in helping you to think about solutions for the future than in trying to judge
what happened in the past. Mainly we are interested in helping to talk about a solution that
both of you can live with. We want to assure you that anything that you may say during our
session is confidential. We will be taking notes from time to time so that we can remember
things, but when we finish, we will destroy our notes.

        Either of you may ask to take a break at anytime during our discussion. For example, if
you feel yourself getting really upset at any time and feel that you really need to take a break
to simmer down a little, let us know, and we will take a little time out. You can step outside
for a few minutes if you wish, but we will ask you to let us know what is happening and then
to return when you are ready to continue. Sometimes it is helpful for us as Mediators to meet
separately with each of you during our discussion, so we may be doing that occasionally as
well.

        It is necessary for this process for each of you to sign this written agreement to mediate.
If you would just look it over, please. It basically says that you have come of your own
accord, that what you say here will be kept confidential, and that the Mediators will not be
asked to release information discussed here, nor will they be summoned into court to testify
on matters disclosed here.
        Last of all, we would like to discuss ground rules a bit.

        We ask each of you to agree not to interrupt when the other person is speaking. We have
placed paper and pencil here on the table so that you can keep notes about any responses to
make. We also would like for you to agree to avoid the use of any abusive language, name
calling, etc. These rules are especially important in the next part of our discussion here.
(Address each Party by name and ask) (Name), can you agree. . .

Moving into the "The Story-Telling Stage'':

        We'd like to begin now with hearing each of you explain your perspective on this
situation. is it all right with you if we begin with Reena, since she initiated the mediation? We
will hear from you Reena when she is finished. In case there are things you disagree with as
Reena speaks, make note of them and explain your perspective on them when it is your turn.
Reena, you can go ahead and begin.

BODY:

Reena and Ravi came to mediation to discuss the arrangements for their daughter, Jyoti, aged
3, and to reach a financial settlement in their divorce proceedings. They had been married for
eight years and separated for five months. Ravi was living with his parents and Reena was in
the former family home with Jyoti.

They were apprehensive about coming to mediation, not knowing what to expect and because
communication between them had become very tense since their separation, which had come
as a shock to Reena. In the Mediation Information and Assessment Meeting I spoke to them
separately initially and checked that they would each feel safe in mediation. I explained what
mediation is and how it works, answered their questions and discussed alternatives to
mediation too, aiming to reassure them and put them at ease. Reena and Ravi described their
situation and the matters they needed to resolve. Their agenda for mediation covered:

1.Reaching a financial settlement, particularly regarding the house,

2.Arrangements for contact between Ravi and Jyoti, including dropping her off and collecting
her

3.Arrangements for holidays, birthdays and Diwali

4.Communication and sharing information concerning Jyoti between Reena and Ravi in their
role as parents

Reena and Ravi decided that their priority for the first meeting was to discuss the
arrangements for Jyoti. They had not yet put together all their financial information so it was
agreed that they would leave discussion of finances until the next meeting when they would
be able to exchange all their financial information. We discussed the need for disclosure and
the purpose, namely to enable both to have complete and up to date information from one
another which they understand before they make lasting financial decisions. Once they were
clear about what they would need to provide and what advice and information they would
need to obtain for next time, we discussed the arrangements for Jyoti.

Arrangements for contact, days and times, were agreed relatively easily around a discussion
of both parents’ working patterns and Jyoti’s routines and needs, avoiding long stretches with
one parent, and without the other, and providing a plan that was regular and reliable but could
be flexible if necessary. The key seemed to be that they would keep one another informed,
and give notice, if they were running late or needed to change the arrangement.

Discussion regarding the arrangements for dropping off and collecting Jyoti was more
charged. Ravi, who was currently doing the collecting and dropping off, felt that it would be
fair to share the transport; Reena agreed but expressed how uncomfortable she found it
coming to the home of her in-laws now she no longer felt part of the family. They agreed that
they would share the transport arrangements once Ravi had moved into his own place.
Reena and Ravi both wanted to be able to support Jyoti in her education and attend her health
appointments together. Ravi feared being left out of meetings and discussions and wished to
be kept more informed about Jyoti’s school life and health matters and be more involved in
her life. Reena felt weighed down with responsibility; she felt she carried this alone because
Ravi didn’t ask how Jyoti was, or how she was doing at school, and she thought he didn’t
care. They agreed to share information about appointments and meetings, to attend together
where possible, and to communicate about any matters concerning Jyoti’s well-being at
handover so that they could better support her together.

Ravi and Reena decided that Jyoti should see both parents on her birthday, and that they
would make the most of their time off work so that holidays would be shared equally between
them and the need for childcare reduced. They agreed that this would require advance
planning and sharing information about their plans. There was some discussion about
travelling abroad with Jyoti, both parents feeling wary about this, but each agreed that they
would wish her to have the opportunity to go on holiday abroad with the other parent next
summer, provided that they had contact and travel details and dates in advance and a phone
call or text on arrival.

Ravi and Reena discussed various ways of fairly sharing time with Jyoti over Christmas and
agreed that Jyoti would be with Reena until 5pm on Christmas Eve, then with Ravi until 5pm
on Christmas day, then with Reena until Boxing Day, and that they would alternate this
arrangement in subsequent years.

Over the second and third meetings, the figures for Ravi and Reena’s assets, liabilities and
pensions, income and expenditure were all gathered and the evidence exchanged between
them.

They deducted mortgage and sale costs, and worked on the amount equity in the family
home, which was held in their joint names. Ravi and Reena decided that the house should be
sold as it was large with a big garden to maintain. They each wished to buy a 2 bed house so
that Jyoti would have a home with each of them, living in the same area, near school, friends
and family to provide consistency and continuity for her.

CONCLUSION:

Ravi and Reena agreed to share the equity in the ratio: 70% to Reena and 30% to Ravi. They
decided to share the equity in this way to enable them to afford to buy properties of similar
value and in recognition of the fact that Jyoti would be with Reena the majority of the time
and that Reena’s income and earning capacity were less than Ravi’s. They had both
researched the cost of suitable houses. With the mortgage that each could afford to take out,
this gave them equal purchasing power.

Reena and Ravi decided that they would keep their own small debts and savings. They also
decided to keep their own pensions as these were very small.

Ravi and Reena agreed that Ravi would pay Reena child support calculated according to the
Child Maintenance Service guidelines until Jyoti reached 18 or completed full-time
secondary education, and that they would share certain extra costs, such as for school trips.

Reena and Ravi discussed spousal support and agreed that nominal spousal support of Rs.
100000 pa would be paid until Jyoti reached 18 years or finished full-time secondary
education

REPORT ON NEGOTIATION

1. FACT

The United Nations Mission in Kosovo (UNMIK) has decided to issue a contract for clean-up
due to the post-war abandoned car situation near Kosovo, where the road is littered with
thousands of abandoned cars due to the terrible road conditions and the massive flood of
émigrés returning from Eastern Europe after the war.
Body shop owner is the owner of a body shop, has five children, and a spouse to support.
Many automobiles have been damaged as a result of the war. While most of the vehicles'
smashed doors and bent fenders may be repaired, some of the damaged frames are beyond
repair and require components from the European manufacturer. Because panels and
components are so difficult to get, the shop owner is unable to satisfy many requests. The
requirements of the shop owner's family are increasing.

The owner of an engine repair business also owns an engine overhaul firm and has five
children and a spouse to support. Many automobiles have been damaged as a result of the
war. While most of the vehicles' smashed doors and bent fenders may be repaired, some of
the damaged frames are beyond repair and require components from the European
manufacturer. Because panels and components are so difficult to get, the shop owner is
unable to satisfy many requests. The requirements of the shop owner's family are increasing.

Two shop owners, one owning a body repair shop and the other an engine repair business,
approach each other to design a negation so that there is no rivalry in the succeeding contract
with UNMIK.

2. CONFLICT, ASCERTAINING CONFLICTING INTERESTS, AND

ISSUES

1. It is difficult to obtain components and panels since both engine and body parts are scarce.
This puts pressure on the supply chain, which in turn drives up the price of the same products
over time as a result of many automobiles that were in the supply chain being destroyed
during the Kosovo War.

2. Family obligations, since both parties must take care of their family obligations in addition
to their company obligations. If action is not taken, this scenario will eventually implode.

3. OVERALL INTERESTS OF BOTH PARTIES

A. LEGAL OR ANY OTHER POSITIONS IN LITIGATION

As there is no basis for litigation prior to any type of discussion in this matter, it comes
within the category of simple bidding and there is no legal position under the Kosovo
agreements.

B. BRAINSTORMING OPTIONS FOR RESOLUTION

1. On the basis of the contract, one party takes the engine because the engine shop owner
requires it, and the other party discards the remainder of the body component.

2. Instead, both parties can seek the assistance of a third party to split sections of equal value
among themselves.

C. CHOOSING OPTIONS ACCORDING TO INTERESTS

Selecting options based on interest is to negotiate and divide parts amongst each other that
way needs of both engine shop owner and body shop owner are met. Some vehicles have
damaged frames that cannot be fixed and require components from a European manufacturer.
Due of the difficulty in obtaining panels and parts, the shop owner finds it impossible to fulfil
numerous requests.

D. BASED ON OBJECTIVE CRITERIA

1. BODY REPAIR SHOP OWNER:
A. SHOP REQUIREMENTS: While most automobiles can have their shattered doors and
bent fenders repaired by a body shop owner, many vehicles have broken frames that cannot
be repaired and require components from a European manufacturer. The business owner is
unable to fulfil several requests due to the difficulties in procuring panels and parts.

B. FAMILY NEEDS: Since the war, family needs have increased, and as time passes, the
situation will get more severe; the business owner has a big family of five children and a wife
to support
 2. ENGINE REPAIR SHOP OWNER:

A. SHOP NEEDS: The proprietor of an engine overhaul company also owns an engine repair
shop. As a result of the conflict, many autos have been damaged. While the majority of the
cars' engines may be replaced and repaired by the owner, some of the damaged frames are
beyond repair, needing the use of components from a European manufacturer. The business
owner is unable to fulfil several requests due to the difficulties in procuring panels and parts.

B. FAMILY NEEDS: Since the war, family needs have increased, and as time passes, the
situation will get more severe; the business owner has a big family of five children and a wife
to support

4. BATNA AND WATNA FOR BOTH THE PARTIES AND

NEGOTIATION

Alternative to Negotiated Agreement that is Best (BATNA)

If discussions fail and an agreement cannot be reached, taking into account all available
options, choosing the best course of action for the owners of the body and engine repair shops
will depend on a number of factors, including:

Is this a necessary purchase? Yes, it is a necessary item for both the owner of an engine repair
shop and the owner of a body repair shop who, taking into account their circumstances and
family needs, must have these bodies or engines. As a result, the BATNA in this situation
would be to negotiate between each other since one needs body parts while the other needs an
engine, which are completely unrelated fields, and a body part for an engine shop owner is
useless, just as it is with the owner of a body repair shop.
 Worst Alternative to a Negotiated Agreement (WATNA)
In this situation, the WATNA is the walk away point. Parties can feel safe accepting the
suggested negotiated offer if it is better than WATNA. If the suggested offer is not greater
than your WATNA, the parties might continue negotiating until it is evident whether or not
an agreement can be achieved.

 Is this a necessary purchase? Yes, this item is for the owners of both body and engine
repair shops who, taking into account their personal circumstances and family
demands, must have these bodies or engines.

MEDITATION REPORT

TABLE OF CONTENTS

Background to the Dispute.........................................................................................................1

Core Issues.................................................................................................................................2

Mediation Plan on behalf of Mrs. Rita.......................................................................................2

Underlying Interests...............................................................................................................2

Best Alternative to a Negotiated Agreement (BATNA)........................................................4

Worst Alternative to a Negotiated Agreement (WATNA)....................................................4

Mediation Plan on behalf of Mr. Shaurya..................................................................................4

Underlying Interests...............................................................................................................4

Best Alternative to a Negotiated Agreement (BATNA)........................................................5

Worst Alternative to a Negotiated Agreement (WATNA)....................................................5

Background to the Dispute
 Mr. Shaurya Suri is a celebrated designer. He completed his masters in Fashion
Designing from the University of England in 2009.
 During his time in the University, he met Ms. Rita who is an Indian but a resident of
England. Rita was doing research in clinical psychology. During the course of their
university education, they developed mutual feelings of love for each other.
 After the completion of their education Shaurya wanted to go back to India as he
foresaw better career opportunities. Rita disapproved because she was possibly the
only heir to her family’s textile business in England. After much deliberation and
discussion, Shaurya moved back to India in 2010 after completing a year of
apprenticeship.
 Rita started her consultancy in family wellness and counseling in England. But she
missed being with Shaurya and decided to move to India in 2011. Thereafter, Rita and
Shaurya solemnized and registered their marriage in August of 2012 in accordance
with the provisions of the Hindu Marriage Act, 1955.
 Both Shaurya and Rita independently continued their respective professions in India
but Rita kept her consultancy in England also alive. Rita expanded her network in
India and incorporated a subsidiary company in order to expand her consultancy.
 After two years of their marriage, they were blessed with a beautiful girl child. They
were fairly successful in their work but also realized their responsibilities as parents.
Rita often needed to travel to England for the management of her consultancy there
for long durations, leaving her daughter behind. Shaurya and his parents lovingly
looked after their daughter/grand-daughter while Rita was away.
 Shaurya developed a habit of betting on horse races and gambling that he could
manage because of his successful profession and occasional borrowings from Rita.
Everything was going smoothly until he incurred a huge loss of Rs. 1.25 crore in
September of 2017 and was faced with a debacle in his career. He urged Rita to pay
off his liabilities. However, Rita was not comfortable in doing so.
 At the time of incorporation of Rita’s subsidiary company, she had received financial
help from Shaurya for establishing and starting it in the Indian domestic market.
Shaurya expected her to return the favors.
  However, it came to Shaurya’s knowledge that Rita has been defaming him in the
social and professional circles regarding his gambling and betting habits. He was
devastated after learning this. At being confronted, Rita denied these allegations,
stating them to be baseless and untrue.
 Consequently, the couple ceased to have a normal married life and began living
unconnected, distant and independent routines.
 After the souring of the relationship between the couple, Rita went to England along
with her daughter in April of 2018. Shaurya repeatedly asked her to return hoping to
reconcile but Rita didn’t agree.
 Thereafter he filed a petition for Restitution of Conjugal Rights before the Family
Court in Delhi in September 2018. Rita filed for divorce in February of 2019 in
England. The matter in the Family Court in Delhi was referred for mediation in which
Rita has agreed to participate.

Core Issues
1. Should Mr. Shaurya accept to Mrs. Rita's divorce proceedings and finalize the
divorce?
2. Who will be the Keeper of their girl and have complete care of her in all aspects?
3. Should Mr. Shaurya seek restitution for the money he gave Mrs. Rita to help her
business, as well as recompense for defamation?
4. 4. Can both parties seek restitution from each other for mental harassment suffered
throughout their difficult marriage relationship?

Mediation Plan on behalf of Mrs. Rita

Underlying Interests
LEGAL POSITION

When a settlement is likely, Section 89 of the Civil Procedure Code permits for the
employment of an alternative dispute resolution mechanism. Mrs. Rita is hesitant to go to
court in this case, thus both parties must agree to this condition.

If relief is sought in the form of a divorce under Section 13 of the Act, the court is required
by Section 23 (2) of the Hindu Marriage Act to make every effort to facilitate reconciliation
between the parties before granting any remedy under its provisions.
BRAINSTORMING OPTIONS FOR RESOLUTION

1) Physical custody: If a parent is given physical custody, it means the child will live
with them and frequently visit the other parent. Due to the daughter's early age, Mrs.
Rita can be granted custody in this situation, with Mr. Shaurya having the right to
visitation. Such a custody arrangement serves to ensure that the child doesn't miss out
on the other parent's love during his or her formative years and to provide the
youngster with a better existence in a safe and fulfilling environment.
2) Joint Custody: Even though Indian courts consider joint custody to be the best option
for a kid's wellbeing, it does not mean that both parents must stay together because of
the child. In reality, joint custody simply means that both parents will split parenting
duties while still maintaining physical possession of the child. The child may switch
between the parents on a daily, weekly, or even monthly basis. This is advantageous
for the kid since it allows both parents to participate in their upbringing. In the event
that such a circumstance arises, Mrs. Rita and Mr. Shaurya can decide to share their
time so that the girl can have both of her guardians present.
3) Legal Custody: Legal custody often does not entail a kid living with either parent.
Basically, it implies that the parents have been awarded legal custody of the kid and
are free to decide everything they want, including the child's education, medical care,
and other decisions. When anything like this happens, Mrs. Rita and Mr. Shaurya can
decide to set a time limit for the girl to have both of her guardians present.

SELECTION OF OPTION BASED ON INTEREST

 Primary Interest: Mrs. Rita's main interests are getting divorced and obtaining legal
custody of her kid.
 Middle Ground: Mrs. Rita's compromise is to maintain custody of her kid even if a
divorce is filed, along with compensation for reputational harm and psychological
suffering, even if the amount of money given is smaller.

Best Alternative to a Negotiated Agreement (BATNA)

The wisest course of action is for Rita to file for divorce and have her child restored to her.
As a result, she resolved to seek restitution for the mental torment she had endured as a result
of their strained relationship.
Worst Alternative to a Negotiated Agreement (WATNA)
The worst-case scenario is that she loses custody of her daughter or is forced to live with him.
As a result, she was forced to pay a high interest rate on the money she borrowed from
Shaurya. Finally, she must recompense for the slander by compensating him.

Mediation Plan on behalf of Mr. Shaurya

Underlying Interests
LEGAL POSITION

When a settlement is likely, Section 89 of the Civil Procedure Code permits for the
employment of an alternative dispute resolution mechanism. Mrs. Rita is hesitant to go to
court in this case, thus both parties must agree to this condition.

If relief is sought in the form of a divorce under Section 13 of the Act, the court is required
under Section 23 (2) of the Hindu Marriage Act to make every effort to facilitate
reconciliation between the parties before granting any remedy under its provisions.

BRAINSTORMING OPTIONS FOR RESOLUTION

1) Physical Custody: If a parent is given physical custody, it means the child will live
with them and regularly see the other parent. Due to the daughter's early age, Mrs.
Rita can be granted custody in this situation, with Mr. Shaurya having the right to
visitation. Such a custody arrangement serves to guarantee that the child doesn't miss
out on the other parent's love throughout his or her formative years and to provide the
youngster with a better existence in a safe and fulfilling environment.
2) Joint Custody: Despite the fact that Indian courts feel it is best for the welfare of a
minor, joint custody of a kid does not imply that both parents must remain together
because of the child. Joint custody entails both parents sharing caregiving tasks while
maintaining custody of the kid. The kid may shift between the parents every day,
week, or even month. This is beneficial to the kid since it allows parents to be
involved in their child's life and provides the youngster with access to both parents'
attention in the event that such a circumstance arises. Mrs. Rita and Mr. Shaurya may
agree to set aside a time for the daughter to have both of them.
3) Legal Custody: Legal custody often does not entail a kid living with either parent.
Basically, it implies that the parents have been awarded legal custody of the kid and
are free to decide everything they want, including the child's education, medical care,
 and other decisions. When anything like this happens, Mrs. Rita and Mr. Shaurya can
decide to set a time limit for the girl to have both of her guardians present.

SELECTION OF OPTION BASED ON INTEREST

 Primary Interest: Mr. Shaurya wants to stay married, keep custody of her daughter,
and receive payment for the harm Mrs. Rita's activities caused to his image.
 Middle Ground: Mr. Shaurya believes that regaining custody of her daughter even in
the event of a divorce would be a reasonable compromise. The amount of
compensation for reputational damage and emotional suffering may be reduced.

Best Alternative to a Negotiated Agreement (BATNA)

The best course of action would be to prevent divorce and, if necessary, to gain custody of his
daughter. As a result, he wanted to be reimbursed for his loss of reputation and to receive the
money he provided her with a high interest rate.

Worst Alternative to a Negotiated Agreement (WATNA)

The worst choice is for him to divorce Rita and relinquish custody of his daughter. As a
result, in order to compensate for the psychological torture, she had suffered as a result of
their strained relationship.