Civil Procedure (Alternative Dispute Resolution) (Bihar) Rules, 2008

{
    "id": 15560,
    "slug": "civil-procedure-alternative-dispute-resolution-bihar-rules-2008",
    "title": "Civil Procedure (Alternative Dispute Resolution) (Bihar) Rules, 2008",
    "short_title": "Civil Procedure (Alternative Dispute Resolution) (Bihar) Rules, 2008",
    "act_number": "Published vide Notification No. B/Estt. (H.C.)-06-",
    "act_year": 2008,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Civil Procedure (Alternative Dispute Resolution) (Bihar) Rules, 2008",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Title and Commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Procedure for directing parties to opt for alternative mode of settlement.",
            "chapter": null,
            "content": "(b) At the next hearing, which shall be not later than thirty days of the receipt of responses, the Court may reformulate the terms of a possible settlement and shall direct the parties to opt for one of the modes of settlement of disputes outside the Court as specified in clauses (a) to (d) of sub-section (1) of Section 89 read with Rule 1A of Order X in the manner stated hereunder:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Persons authorized to take decision for the Union of India, State Government and others.",
            "chapter": null,
            "content": "(ii) Where such person or persons or group of persons have not been nominated as aforesaid, such party as referred to in clause (1) shall, if it is a plaintiff, file along with plaint or if it is a defendant file, alongwith or before filling of the written statement, a memo into the Court, nominating a person or persons or group of persons who is or are authorised to take a final decision as to the mode of Alternative Dispute Resolution which the party prefers to adopt in the event of the Court directing the party to opt for one or other mode of Alternative Dispute Resolution.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Court to give Guidelines to parties while giving direction to opt.",
            "chapter": null,
            "content": "(i) That it will be to the advantage of the parties, so far as time and expense are concerned, to opt for one or the other of these modes of settlement referred to in Section 89 rather than seek a trial on the disputes arising in the suit.\n(ii) That, where there is no relationship between the parties which requires to be preserved, it may be in the interest of the parties to seek reference of the matter of arbitration as envisaged in clause (a) of subsection (1) of Section 89.\n(iii) That where there is a relationship between the parties which requires to be preserved, it may be in the interest of parties to seek reference of the matter to conciliation or mediation, as envisaged in clause (b) or (d) of sub section (1) of Section 89.\nExplanation:\n(iv) That, where parties are interested in a final settlement which may lead to a compromise, it will be in the interests of the parties to seek reference of the matter to Lok Adalat or to judicial settlement as envisaged in clause (c) of sub-section (1) of Section 89.\n(v) The difference between the different modes of settlement namely, arbitration, conciliation mediation and judicial settlement as explained below:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Procedure for reference by the Court to the different modes of settlements.",
            "chapter": null,
            "content": "(ii) Where all the parties to the suit decide to exercise their option and to agree for settlement by the Lok Adalat of where one of the parties applies for reference to Lok Adalat the procedure envisaged under the Legal Services Act, 1987 and in particular by Section 20 of that Act, shall apply.\n(iii) Where all the parties to the suit decide to exercise their option and to agree for judicial settlement, they shall apply to the Court within thirty days of the direction under clause (b) of Rule 2 and then the court shall, within thirty days of the application, refer the matter to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and thereafter the provisions of the Legal Services Authority Act, 1987 (39 of 1987) which are applicable after the stage of making of the reference to Lok Adalat under that Act shall apply as if the proceedings were referred for settlement under the provisions of that Act.\n(iv) Where none of the parties are willing to agree to opt or agree to refer the dispute to arbitration, or Lok Adalat, or to judicial settlement, within thirty days of the direction of the Court under clause (b) of Rule 2, they shall consider if they could agree for reference to conciliation or mediation, within the same period.\n(v)(a) Where all the parties opt and agree for conciliation, they shall apply to the Court, within thirty days of the direction under clause (b) of Rule 2 and the Court shall, within thirty days of the application refer the matter to conciliation and thereafter the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) which are applicable after the stage of making of the reference to conciliation under that Act, shall apply, as if the proceedings were referred for settlement by way of conciliation under the provisions of that Act.\n(b) Where all the parties opt and agree for mediation, they shall apply to the Court, within thirty days of the direction under clause (b) of Rule 2 and the Court shall, within thirty days of the application, refer the matter to mediation and then the Bihar Civil Procedure (Mediation) Rule, 2008 in part II shall apply.\n(vi) Where under clause (d) all the parties are not able to opt and agree for conciliation or mediation, one or more parties may apply to the Court within thirty days of the direction under clause (b) of Rule 2, seeking settlement through conciliation or mediation, as the case may be, and in that event, the Court shall within a further period of thirty days issue notice to the other parties to respond to the application, and\n(a) in case all the parties agree for conciliation, the court shall refer the matter to conciliation and thereafter, the provision of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to conciliation under that Act, shall apply;\n(b) in case all the parties agree for mediation, the court shall refer the matter to mediation in accordance with the Bihar Civil Procedure (Mediation) Rules, 2008 in part II shall apply;\n(c) in case all the parties do not agree and where it appears to the court there exists elements of a settlement which may be acceptable to the parties and that there is a relationship between the parties which has to be preserved, the Court shall refer the matter to conciliation or mediation as the case may be, in case the dispute is referred to Conciliation, the provisions of Arbitration and Conciliation Act, 1996 which are applicable after the stage of making of the reference to Conciliation under that Act shall and in case the dispute is referred to mediation, the provisions of the Bihar Civil Procedure (Mediation) Rules, 2008 shall apply.\n(vii) (a) Where none of the parties apply for reference either to Arbitration, or Lok Adalat, or judicial settlement or for conciliation or mediation, within thirty days of the direction under clause (b) of Rule 2, the Court shall, within a further period of thirty days, issue notices to the parties or their representatives fixing the matter for hearing on the question of making a reference either to conciliation or mediation.\n(b) After hearing the parties or their representatives on the day so fixed the Court shall if there exists elements of a settlement which may be acceptable to the parties is relationship between the parties which has to be preserved, refer the matter to conciliation or mediation. In case the dispute is referred to conciliation, the provisions of the Arbitration and Conciliation Act, 1996 which are applicable after the stage of the making of the reference to Conciliation under that Act shall and in case the dispute is referred to mediation, the provisions of the Bihar Civil Procedure (Mediation) Rules, 2008, shall apply.\n(viii) (a) No next friend or guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings of the Court, opt for any one of the modes of alternative Dispute Resolution nor shall enter into any settlement on behalf of a minor or person under disability with reference to the suit in which he acts as mere friend or guardian.\n(b) Where an application is made to the Court for leave to enter into a settlement initiated into in the Alternative Dispute Resolution Proceedings on behalf of a minor or other persons under disability and such minor or other person under disability is represented by Counsel or Pleader, the Counsel or Pleader shall file a certificate along with the said application to the effect that the settlement is, in his opinion, for the benefit of the minor or other person under disability. The decree of the Court based on the settlement to which the minor or other person under disability is a party, shall refer to the sanction of the Court thereto and shall set out the terms of the settlement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Referral to the Court and appearance before the court upon failure of attempts to settle disputes by conciliation or judicial settlement or mediation.",
            "chapter": null,
            "content": "(ii) Upon reference of the matter back to the Court under sub-rule (1) or under sub-section (5) of Section 20 of the Legal Services Authority Act, 1987, the Court shall proceed with the suit in accordance with law.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Training in alternative methods of resolution of disputes, and preparation of manual.",
            "chapter": null,
            "content": "(ii)(a) The High Court shall nominate a Committee of Judges, faculty members including retired persons belonging to the above categories senior members of the Bar, other members of Bar specially qualified in the techniques of Alternative Dispute Resolution, for the Purpose referred to in clause (i) and for the purpose of preparing a detailed manual of procedure for Alternative Dispute Resolution to be used by the Court in the State as well as by the arbitrators or authority or person in cases of judicial settlement or conciliators or mediators.\n(b) The said manual shall describe the various methods of alternative dispute resolution, the manner in which any one of the said method is to be opted for, the suitability of any particular method for any particular type of dispute and shall specifically deal with the role of above persons in disputes which are commercial or domestic in nature or which relate to matrimonial, maintenance and child custody matters.\n(iii) The High Court and the District Courts shall periodically conduct seminars and workshops on the subject of Alternative Dispute Resolution procedure throughout the State or States over which the High Court has jurisdiction with a view to bring awareness of such procedures and to impart training to lawyers and Judicial Officers.\n(iv) Persons, who have experience in the matter of Alternative Dispute Resolution Procedures and in particular in regard to conciliation and mediation, shall be given preference in the matter of empanelment of purposes conciliation or mediation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Applicability of this Rules to other proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        }
    ],
    "metadata": {
        "Act ID": "bh183",
        "Act Number": "Published vide Notification No. B/Estt. (H.C.)-06-03/2008/5252/J dated 24th October, 2008, published in Bihar Gazette (Extraordinary) dated 31.10.2008",
        "Enactment Date": "",
        "Act Year": "2008",
        "Short Title": "Civil Procedure (Alternative Dispute Resolution) (Bihar) Rules, 2008",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}