(a) whether American way of legal management is to be adopted to solve commercial cases by
the Early Neutral Evaluation Method(ENEM) by Delhi High Court;
(b) if so, whether the Indian Judiciary have been allowed to adopt judicial systems of foreign
countries to clear the pending cases;
(c) if so, the details thereof; and
(d) if so, the further steps taken by the Government to direct Indian judiciary to clear the
pending cases within a time bound period?
MINISTER OF LAW & JUSTICE (SHRI H.R. BHARDWAJ)
(a) to (c) : In a solitary case, Delhi High Court vide Order dated 6th August, 2007 has directed
that the process of Early Neutral Evaluation Method be resorted to towards the object of negotiated
settlement in pursuance of section 89 of Code of Civil Procedure, 1908 by a panel of two neutral
evaluators/mediators and the result thereof be communicated to the Hon`ble Court.
(d):Various steps have been taken to improve the productivity and efficiency of the judiciary that
include periodically monitoring the pendency position in courts, grouping of cases involving common
question of law, constitution of specialized benches, timely filling up of the vacancies of judges,
increasing the judge strength, organizing Lok Adalats at regular intervals, encouraging alternative
modes of disputes resolution `(ike negotiation, mediation and arbitration and setting up of special
tribunals like Central Administrative Tribunals, State Administrative Tribunals, Income Tax
Appellate Tribunals Family Courts, Labour Courts, Fast Track Courts etc.