Hope mediation becomes first step of dispute resolution: SC judge
Justice Sanjay Kishan Kaul of the Supreme Court on Saturday hoped for mediation to become the first step of dispute resolution in the country and said tackling litigation would become a challenge once the COVID-19 situation normalises.
He said while some disputes such as those involving constitutional questions would require adjudication, certain categories like family and partition disputes could be resolved through mediation, which is already a part of our ethos and can be opted for at any stage.
Speaking at the valedictory session of International Virtual Mediation Summer School, 2021 organised by Supreme Court-trained mediators -- NIVAARAN -- Justice Kaul said, ''The mediation area is to grow... Hope it becomes the first step of inter se disputes, both in terms of numbers and priority.'' He put to rest the concern of lawyers losing work on account of increased out-of-court settlements and said ''work does not go away. There is enough litigation and mediation''.
''After Covid eases, how to tackle litigation would be a challenge,'' Justice Kaul said, adding that from a financial point of view, people would be more inclined to opt for mediation than litigation.
He said the proposed centralised act would make mediation a more comprehensive methodology.
Younger lawyers would have an edge over the older members of the bar on account of mediation being a recognised process now and also a part of the academic curriculum.
Justice Kaul explained that mediation is a conciliatory process that not only acts as a bypass but often results in a ''win-win solution'' for the parties who have a say in the process.
''Compared to arbitration, mediation finds what is best for you.... The concept of mediation is part of our ethos.... The panchayat still arises from the panch being able to tell people what to do. The current system (of mediation) is to encourage parties to come up with a solution,'' he said.
Justice Kaul also said in his view, online and offline mediation would supplement each other and not compete with each other.
He also said it was on account of virtual hearings that people from other courts in the country could address the Supreme Court.
(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)