Chief Justice of India on Mediation and Dispute Resolution
Chief Justice of India Surya Kant envisions a transformation in the judicial approach towards a multi-door courthouse, transforming courts into comprehensive centers for dispute resolution beyond just trials.
Highlights of the Speech at the Bar Council of India’s National Conference
- Need for More Mediators: Emphasized the necessity of increasing the number of mediators from district courts to the apex court to reduce judicial pendency.
- Mediation as Evolution: Mediation is considered the highest evolution of law, not a weakness.
- Comprehensive Dispute Resolution: Courts should provide avenues for mediation, arbitration, and litigation tailored to the grievances presented.
Multi-Door Courthouse Concept
- This concept empowers litigants by providing multiple resolution paths.
- Litigation is seen as the last resort, after attempts at mediation and arbitration.
Mediation as a Preferred Method
- Training Requirement: The country currently has 39,000 trained mediators, but more than 250,000 are needed.
- Mediation Campaign: "Mediation for Nation" launched to resolve disputes, including matrimonial and commercial, effectively.
- Successful Outcomes: The campaign has yielded promising results, supporting the introduction of trained mediators.
Cultural Relevance in Mediation
- Effective mediation requires understanding the local language, dialect, and cultural idiom.
- Mediators need to possess specific traits like temperament, compassion, and commitment.
Event and Participation
- The conference was held at the India International University of Legal Education and Research in South Goa.
- Attendees included Goa Chief Minister Pramod Sawant and several Supreme Court Judges.
Conclusion
Mediation is highlighted as a cost-effective and successful approach, fostering a culture of participation and harmony. It offers a win-win situation for disputing parties, aiming to significantly reduce judicial pendency.