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Ravi rao (Private )     19 September 2025

Cancel section 80 of adr

Hivsir we are presently in section 80 of adr of civil suit.we are not interested in comprise we want to go ahead with issue. How to tell court to cancel sec 80 of  adr and proceed with issue.  Any section to cancel section 80 of adr. Thank you



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 September 2025

Unless the parties agree otherwise, a conciliator cannot act as an arbitrator, representative, or counsel for a party in any subsequent arbitral or judicial proceeding concerning the same dispute.

The primary objective of this section is to maintain the impartiality and neutrality of the conciliator, ensuring that they do not gain any advantage or take on a position in any further legal process related to the same matter.  

If the essence is missing and if you are not interested in proceeding with the conciliation process, you can inform the mediators/arbitrators about your unwillingness and ask them to revert the matter to the regular court. 

Dr. J C Vashista (Advocate )     20 September 2025

The law on the subject is Section 89 (1) (a) to (d) of The Code of Civil Procedure, 1908 and not the Act mentioned there in your facts, i.e., ADR, which denotes Alternate Disputes Redressal,/settlement of disputes  outside the court, which reads as,

[89. 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 observations 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. 

Now let us know what are the facts of the dispute vis-a-vis your query.

P. Venu (Advocate)     22 September 2025

Mediation process cannot be initiated unless all the paties to the case are willing.


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