Section 89A CPC Bangladesh is the key legislative provision enabling court-annexed mediation in civil suits. Inserted into the Code of Civil Procedure 1908 by the Code of Civil Procedure (Amendment) Act 2003, Section 89A empowers civil courts to refer pending suits to mediation with the consent of the parties, providing a faster and more cost-effective route to resolving civil disputes than full trial proceedings.
Text and Interpretation of Section 89A CPC Bangladesh
Section 89A of the Code of Civil Procedure 1908 provides: “Notwithstanding anything contained in this Code, after filing of written statement, if all the parties to the suit request, or the Court considers it appropriate, the Court may, by order, refer the suit to mediation.” The key elements of this provision are: (1) it applies after the filing of the written statement; (2) it requires either the request of all parties or the court’s own initiative; (3) the court issues an order referring the suit to mediation; and (4) the mediation is conducted by a mediator appointed by the parties or the court.
Practical Application of Section 89A CPC Bangladesh
In practice, Section 89A CPC is applied by civil courts across Bangladesh to refer a wide range of civil disputes to mediation — including property disputes, money suits, contract disputes, and partition suits. Courts typically raise the possibility of mediation at the pre-trial stage and encourage the parties to consent. If both parties consent, the court issues a referral order and stays the proceedings pending the outcome of the mediation.
Outcome of Section 89A Mediation in Bangladesh
If mediation under Section 89A results in a settlement, the parties sign a settlement agreement, which is filed with the court as a compromise under Order XXIII, Rule 3 of the CPC. The court records the settlement as a compromise decree, which is enforceable as a court order. If mediation fails, the suit proceeds to trial in the normal way. Nothing said during mediation can be used as evidence in the trial.
TRW Law Firm: Section 89A Mediation Services in Bangladesh
TRW Law Firm provides expert legal advice and representation in Section 89A mediations across Bangladesh. Contact TRW at tahmidurrahman.com or visit meheruba.com.
Frequently Asked Questions
When does Section 89A CPC apply in Bangladesh?
Section 89A CPC applies after the filing of the written statement in a civil suit. It can be invoked at any stage of the proceedings before the final hearing.
Can the court compel mediation under Section 89A CPC in Bangladesh?
The court can refer the suit to mediation on its own initiative, but mediation requires the consent of all parties. The court cannot compel the parties to participate in mediation.
Is a Section 89A mediation settlement binding in Bangladesh?
Yes. A settlement reached in Section 89A mediation is recorded as a compromise decree by the court, which is enforceable as a court order.
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Contact TRW Law Firm
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