Section 5(a) in The U.P. Civil Procedure Alternative Dispute Resolution Rules, 2009
(a)Before directing the parties to exercise option under sub-rule (b) of Rule 3, the Court shall give such guidance as it deems fit to the parties, by drawing their attention to the relevant factors which parties will have to take into account, before they exercise their option as to the particular mode of settlement, namely :(i)that it will be to the advantage of the parties, so far as time and expense arc concerned, to opt for one or other of these modes of settlement referred to in Section 89 rather than seek a trial on the disputes arising in the suit.(ii)that, where there is no relationship between the parties which requires to be preserved, it may be in the interest of the parties to seek reference of the matter of arbitration as envisaged in Clause (a) of sub-section (1) of Section 89;(iii)that, where there is a relationship between the parties which requires to be preserved, it may be in the interest of parties to seek reference of the matter to conciliation or mediation, as envisaged in Clause (b) or (d) of subsection (1) of Section 89.
