HYDERABAD: Former Chief Justice of India NV Ramana on Sunday said that the ability of resolving disputes at a faster pace would help the growth of the country. The former CJI was addressing the gathering at the First India Mediation Day hosted by The International Arbitration and Mediation Centre in Hyderabad on Sunday.
“With about 22-and-a-half years of judicial experience, I can say that the ability of resolving disputes at a faster pace will help the growth of the country. The world today has realised arbitrations and mediations as among the most powerful tools to resolve disputes, Justice Ramana said.
He said that mediation had deep roots in ancient India and Indian society. “The ability of Lord Krishna in mediating the dispute of Pandavas and Kauravas was commendable, its failure led to the cause of the Mahabharata war. Enforceability is a major concern of mediation. We have to focus on that. We have to create confidence and credibility and ensure that the end result must be fruitful. Domain expertise and positive experiences are important in delivering lasting solutions,” Justice Ramana added.
He said that mediators need to develop emotional intelligence and the ability to communicate and conduct oneself. “Mediators must be spontaneous, possess the ability to build trust and understand strained relationships. A shift in the mindset of the public to prefer mediation is one of the biggest challenges in mediation. Speedy settlement of disputes in the need of the hour. Bringing in the shift is only possible when the government, judiciary and advocates come together,” Justice Ramana said.
He said that legal practitioners must suggest mediation as an effective mode of dispute resolution. “Quality mediation training programmes in Judicial Academy and Bar Council must be conducted,” Justice Ramana said.
Supreme Court judge Justice Hima Kohli said that ADR would help reduce the caseloads in courts. She said that during 2021-22, India had 53,000 cases settled through mediation. “India had 464 ADR centres, 570 mediation centres, 16,565 mediators as of 2021-22,” she said.
Justice Kohli spoke about the Mediation Bill of 2021 which remains under discussion in Parliament.
“IAMC Hyderabad Centre has administered 33 matters since its inception -- 10 through arbitration and 23 through mediation. The value of these disputes is US$ 700 million,” said Justice LN Rao.