The 89(1) of CPC can refer the dispute for :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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117.

The 89(1) of CPC can refer the dispute for :

A: arbitration or conciliation

B: conciliation or mediation

C: mediation or Lok Adalat

D: arbitration or conciliation or Lok Adalat or mediation.

The answer is: D

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Explanation

The correct answer is D: arbitration or conciliation or Lok Adalat or mediation.

Section 89(1) of the Code of Civil Procedure (CPC) empowers the court to refer a dispute for any of the four alternative dispute resolution (ADR) mechanisms, namely, arbitration, conciliation, Lok Adalat, or mediation.

These are different ways of resolving disputes outside the court, with the aim of minimizing costs, reducing delays, and promoting amicable settlements.

The court has to formulate the terms of a possible settlement and give them to the parties for their observations, before referring the dispute to any of the ADR mechanisms. The parties have the option to agree or disagree with the court's suggestion, and the court cannot compel them to opt for a particular ADR mechanism.