27/12/2025
Direct Access to Court-Annexed Mediation Centre
(CAMC)
Under the Civil Rules of Practice and Directions, 2023, read with the Alternative Dispute Resolution Act, 2017, parties to a civil dispute are not required to first approach the Court by instituting a suit. They may directly and voluntarily approach the In-Charge of the Mediation Centre, i.e. the Judge-Mediator, for resolution of their dispute.
In the case of a Court-Annexed Mediation Centre, the Rules recognise the authority of the Judge-Mediator / In-Charge Mediation Centre to entertain requests for pre-litigation mediation, enabling parties to seek an amicable settlement without invoking the formal jurisdiction of the Court at the outset.
This position is further reinforced by Section 3 of the ADR Act, 2017, which permits referral of disputes to ADR before or after the filing of a suit, thereby legally validating direct access to mediation without prior court proceedings.
Where mediation results in a settlement, the settlement agreement / award may, in terms of Section 11 of the ADR Act, 2017, be submitted before the Court of competent jurisdiction, which may, upon satisfaction, make the settlement a rule of the Court, conferring upon it the force and effect of a decree.
Accordingly, parties are fully empowered to approach the Court-Annexed Mediation Centre directly, engage in mediation under the supervision of a Judge-Mediator, and only approach the Court thereafter for the limited purpose of formal recognition and enforcement of the settlement, if so required.