Lok Sabha Question No. 2175 (UNSTARRED), answered on 2020-03-04
Subject: Pre Litigation Mediation
Ministry: LAW AND JUSTICE
Asked by: Sanjay Sadashivrao Mandlik, Bidyut Baran Mahato, Shrirang Appa Barne, Sudheer Gupta, Gajanan Chandrakant Kirtikar

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS

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## LOK SABHA

UNSTARRED QUESTION NO.2175 TO BE ANSWERED ON WEDNESDAY, THE 4 TH MARCH, 2020

## PRE LITIGATION MEDIATION

2175. SHRI SANJAY SADASHIV RAO MANDLIK:

SHRI BIDYUT BARAN MAHATO:

SHRI SHRIRANG APPA BARNE:

SHRI SUDHEER GUPTA:

SHRI GAJANAN KIRTIKAR:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  any  statute  related  to  regulating  pre-litigation  mediation exists in the country and if so, the details thereof;
- (b) whether the Hon'ble Supreme Court has called for the introduction of a comprehensive legislation to make mediation compulsory prelitigation;
- (c) if so, the details thereof and the response of the Union Government in this regard;
- (d) whether the Supreme Court has also called for efforts to explore the use of artificial intelligence in arbitration;
- (e) if  so,  the details thereof and the response of the Government in this regard; and
- (f) the steps taken/being taken by the Government to reduce the backlog of cases in courts and save the time of both the courts and litigants?

## ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND

## ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

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- (a) to (f) A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (f) OF LOK SABHA UNSTARRED  QUESTION  NO.  2175  FOR  04.03.2020,  REGARDING  'PRE LITIGATION MEDIATION' .

(a): Yes, sir. Section 12A under chapter IIIA of the Commercial Courts Act 2015, inter-alia , provides for mandatory  Pre-Institution  Mediation  and Settlement in cases of commercial disputes, expect where no urgent interim relief is sought by the plaintiff.

The Government has notified the Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 and authorised the State Authority and District Authority constituted under the Legal Services Authorities Act, 1987  (39  of  1987)  for  the  purposes  of  pre-institution  mediation  and settlement by notification dated 03.07.2018.

(b)  &  (c): The  Hon'ble  Supreme  Court  of  India,  in  its  Judgement  dated 05.03.2019  in  Civil  Appeal  Nos.  2476-2477  of  2019, inter-alia ,  directed/ recommended the Government to consider the feasibility of enacting Indian Mediation Act to take care of various aspects of Mediation in general. The said matter was forwarded to Law Commission of India for examination. The 22 nd Law  Commission  of  India  has,  however,  been  constituted  only  on 21.02.2020.

(d)&(e): As informed by the Registry of  Hon'ble Supreme Court of India, the Artificial Intelligence Committee of Supreme Court is not exploring usage of Artificial Intelligence in Arbitration as a subject.

(f): While  the  disposal  of  cases  in  courts  is  within  the  domain  of  the judiciary,the  Union  Government  is  committed  to  speedy  disposal  of  cases and reduction in pendency of cases. The measures taken in this regard, inter-alia , includes:

- (i) improving infrastructure for Judicial Officers at District and Subordinate Courts;
- (ii) leveraging Information and Communication Technology (ICT) for better justice delivery;
- (iii) filling up of vacant positions of Judges in High Courts and Supreme Court;
- (iv) reduction in pendency through / follow up by Arrears Committees at District, High Courts and Supreme Court level;
- (v) emphasis on Alternate Dispute Resolution (ADR); and
- (vi) initiatives to fast track special type of cases.