#Mediation

The Delhi High Court held that for Section 11(6) applications, the limitation period begins only upon formal rejection of a claim, not from preliminary correspondence. The court also ruled that the mandatory mediation period under the contract must be excluded from the limitation calculation, appointing a sole arbitrator in a duty-free shop licence dispute with AAI.

Rajasthan High Court holds that a trial court cannot take cognizance of an offence based on a negative final report without recording specific reasons for disagreeing with the police report. The Court stayed criminal proceedings and directed mediation in a family dispute involving minor offences under Sections 323 and 341 IPC, emphasizing procedural fairness and the impact on the accused's career prospects.

The Rajasthan High Court reduced a minor child’s interim maintenance from ₹10,000 to ₹5,000 per month, emphasizing the child’s age (1.5 years) and the petitioner’s income constraints. The ruling underscores judicial discretion in balancing financial responsibility with the child’s needs under Section 528 BNSS.

Sikkim High Court clarifies that mandatory pre-institution mediation under Section 12A of the Commercial Courts Act does not apply to suits filed before the 20.08.2022 amendment, shielding litigants from procedural dismissals. The ruling ensures legal certainty for pending commercial disputes and reinforces the non-retrospective application of procedural amendments.

The Bombay High Court has ruled that non-compliance with Section 12-A’s pre-institution mediation requirement does not warrant rejection of a commercial suit under Order VII Rule 11 CPC, provided the court has directed mediation and kept the suit in abeyance. This protects litigants from procedural dismissal when courts actively facilitate mediation, reinforcing the Act’s intent to encourage settlement without penalizing procedural delays caused by judicial direction.

Allahabad HC allows mediation in criminal complaints under BNSS Section 528, suspending coercive action for five months or until mediation concludes. The ruling enables voluntary settlement even in non-compoundable offences, offering parties an alternative dispute resolution path before trial proceeds.

Patna High Court grants pre-arrest bail in cheque bounce cases where the underlying dispute is purely civil, holding that prosecution under Sections 406, 420 IPC and Section 138 NI Act cannot sustain without criminal intent. The ruling mandates mediation for such disputes, curbing abuse of criminal process for debt recovery.

The Bombay High Court ordered weekly video calls and an in-person meeting for a mother denied access to her four-year-old daughter for over a year, prioritizing the child's emotional welfare over procedural delays. This sets a precedent for structured parental access in habeas corpus petitions where mediation is viable, reinforcing that custody disputes must not deprive children of meaningful parental bonds.

Kerala High Court directs lower courts to re-open execution petitions and compulsorily re-refer parties to mediation if settlement terms are breached, reinforcing ADR compliance in enforcement proceedings. The ruling clarifies that post-settlement non-compliance revives the court's duty to facilitate resolution under the CPC, impacting decree holders and judgment debtors in civil disputes.

Madras High Court mandates mediation and child counselling in guardianship disputes, prioritizing confidentiality and the child’s welfare over adversarial litigation. The ruling sets a precedent for integrating professional counselling into interim parenting arrangements, ensuring decisions align with the child’s best interests under the Guardians and Wards Act.

Patna High Court dismisses a writ petition for failing to implead 83 newly appointed mediators, reinforcing that no adverse order can be passed against non-parties without notice. The ruling underscores the mandatory inclusion of vitally affected parties in legal proceedings to uphold natural justice principles.

The Punjab & Haryana High Court has ruled that all pending and future cheque bounce cases under Section 138 of the Negotiable Instruments Act must be referred to mediation at the earliest stage, without requiring court permission for compounding. The Court clarified that such disputes are private in nature, with no state role, streamlining resolution for businesses and individuals.

Kerala High Court upholds enforceability of mediated settlement under Section 89 CPC, setting aside impugned decree and substituting it with agreed terms.

Delhi High Court quashes FIR under Sections 498-A/406 IPC based on compromise between parties, emphasizing reconciliation and inherent powers under Section 528 BNSS.

The High Court of Telangana directs mediation in encroachment disputes over public road access, emphasizing non-adversarial resolution under constitutional rights to property and equality.