Vijayawada: Chief Justice of India Justice Surya Kant on Sunday called on the judiciary to promote mediation, saying it is gaining wider acceptance as an effective tool for resolution of disputes
Underlining the need for building a “mediation culture”, he stated mediation was no longer an alternative method but has emerged as a preferred mode of dispute resolution.
He was delivering the keynote address at a State-level symposium on ‘Mediation: Dialogue as Cornerstone of Justice’, organised by the AP State Legal Services Authority (APSLSA), here.
He noted the process of mediation had a statutory backup in the Mediation Act of 2023, and the resolutions passed by the mediators were enforceable decrees.
The Chief Justice said that mediation is an excellent way to reduce the caseload in the courts and resolve disputes quickly and in a friendly environment. He noted that the caseloads were reduced to some extent by special courts like the ones catering to family disputes.
Justice Surya Kant said mediation had become extremely popular in foreign countries as the method was less costly and less time-consuming compared to arbitration.
He also urged the Bar Associations to make people adopt mediation as a means to settling their disputes.
He said that people in dispute should have complete faith in the mediator. Due to the trust people have in the judiciary, mediation through the courts has high priority.
“Mediation is present in every aspect of our lives. Even major problems are being solved through mediation,” he said, adding that commercial problems are also being solved through this process.
Stating that temperament, conduct and integrity of mediators play a crucial role in the outcomes, he underscored the importance of professional mediators learning the nuances of the whole process of mediation for achieving the desired results.
Justice Surya Kant noted that mediation has been used in India since ancient times to resolve problems. He believes that mediation is in the DNA of India and has a history of thousands of years.
He cited the attempt made by Lord Krishna to bring about peace between the Pandavas and the Kauravas as the first formal mediation.
Supreme Court judge Justice Jitendra Kumar Maheshwari said relations can be preserved by resolving disputes through negotiations and mutual consent, not through courts. Justice Maheshwari said that mediation has been given legality through the ‘Mediation Act – 2023’, which will reduce the burden on the judiciary.
Chief Justice of Andhra Pradesh High Court Dheeraj Singh Tagore said that Chief Minister Chandrababu Naidu provided full support on behalf of the government to the International Mediation Conference held in Visakhapatnam.
Chief Minister Chandrababu Naidu appealed to Chief Justice of India to establish National Judicial Academy in Amaravati.
The Chief Minister said that as part of the capital development infrastructure for the judicial system will be provided in the proposed Justice City. Efforts are on to build the best Judicial City in the country by integrating institutions such as the Judicial Academy, Legal Services Authority, Mediation Centre, International Law University and the Bar Council of India.
The state government is ready to allocate the required land for these institutions. The Chief Minister assured support for establishment of National Judicial Academy in Amaravati.
On a suggestion by the Chief Justice of High Court, he announced an increase in incentive for cases resolved through mediation from Rs 3,000 to Rs 10,000. He said an incentive of Rs 3,000 will be given even for unsuccessful cases.
(IANS)
