Mediation as alternative dispute resolution mechanism, a transparent process: SC judge Viswanathan

Supreme Court judge K V Viswanathan on Thursday said mediation as a means of alternative dispute resolution is a transparent process which could help in removing the pendency of cases and providing ''relief in real terms''. The Mediation and Conciliation Project Committee of the apex court defines mediation as a voluntary and binding process in which an impartial and neutral mediator facilitates disputing parties to settle. Instead of imposing solutions, mediation creates a conducive environment, it says.

Justice Viswanathan said under the Commercial Courts Act, any dispute barring some exceptional cases, has to compulsorily be resolved through a mediator.

''So, though mediation is consensual, a condition like this, which has been held to be mandatory, would go a long way in de-clogging not only the courts but in giving relief in real terms to the parties concerned,'' he said.

Speaking at a seminar organised by 'Nivaaran-Mediators of the Supreme Court', the apex court judge said mediation as a mechanism was present in the country before the arrival of the British.

''I do not doubt that mediation will, in the long run, be a preferred course, and parties will realise the advantages that it offers, provided the necessary awareness is created,'' he said.

Regarding the emotional aspects of a dispute between parties, he said at present there is ''integrated mediation'' where there is a counsellor and a psychiatrist along with full confidentiality.

''...There is confidentiality there is trust and it (mediation) is a transparent process. It is a consensual process. It is the result of a settlement so there will not be integrity issues,'' the top court judge said.

He said around four to five crore cases were pending across trial courts in the country while the figures for the high courts put together ranged from 56 to 60 lakh.

''The Supreme Court has been addressing it rapidly and we have been fighting pendency in the range of 77,000 to 80,000, plus or minus 5,000 (cases). So this (mediation) would be the method at the moment... I am sure with the way that we have evolved (in mediation), it will be first an additional method and then it will carve its niche in the arena of dispute redressal,'' Justice Viswanathan said.

''What is required is a mediation culture to set in the country. By the look of things I am very hopeful and I wish the mediation process a great success,'' he added.

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