Courts Should Be Last Resort, CJI NV Ramana Bats for Alternate Dispute Resolution.
(Judicial Quest News Network)
Chief Justice of India NV Ramana on Saturday advised disputing parties to treat litigation as a last resort, and to approach courts only after exploring Alternate Dispute Resolve (ADR) methods like arbitration, mediation, and conciliation before approaching the courts.
He said this while addressing the Curtain Raiser and Stakeholders’ Conclave of the International Arbitration and Mediation Centre, Hyderabad.
Expressing the importance of arbitration and mediation, the CJI said that the Mahabharata, provides an example of an early attempt at mediation as a conflict resolution tool, where Lord Krishna attempted to mediate the dispute between the Pandavas and Kauravas.He further said that “it may be worthwhile to recall that the failure of mediation led to disastrous consequence”.
My advice, after participating in the legal profession for over 40 years in different capacities, is that you must keep the option of going to Courts as a last resort. Use this last resort only after exploring the option of ADR- arbitration, mediation and conciliation. Arbitration and mediation are efforts at restoring a relationship.He said.
He further said that there are many reasons for conflicts —
misunderstandings, ego issues, trust and greed can lead to conflicts. Ultimately, small differences of opinion can lead to a big conflict. And even big conflicts can be resolved with some effort in understanding one other.
He said, the reasons for opting for mediation or arbitration over traditional litigation are manifold Fewer delays, less expensive, More involvement of the parties in the process Greater Party Choice, More control, more comfortable and amicable environment for the parties etc.
CJI said, I think that the most important factor behind the resolution of any dispute is having the right attitude. By right attitude, I mean we should leave aside our ego, emotions, impatience and embrace practicality. But, once these conflicts enter a Court, much gets lost in the practice and procedure. I do not need to elaborate the benefits of mediation and arbitration to this gathering of domain experts and businesspeople. Dispute resolution mechanisms like arbitration and mediation are nowadays the preferred modes of dispute resolution.
CJI NV Ramana found it important to point out some benefits of mediation and arbitration over traditional litigation, which are the perfect modes of dispute resolution. mediation has immense potential for dispute resolution in India, for both domestic and international disputes. In addition to the above advantages, mediation also has following benefits:
Allows for settlements and compromises between parties, ensuring there is no winner or loser in the process Parties have far more control over the outcome Possibility of a continued relationship between parties after the dispute resolution process Greater options for choice of mediator with varied expertise, as there is no requirement for a legally trained mediator.
CJI explained that despite the presence of some arbitration centres in India, Indian parties that enter into international arbitration often opt for arbitration centres outside the country. The setting up of the IMC at Hyderabad will change this trend.
This Centre is being established with the best infrastructure and the empanelling of internationally acclaimed arbitrators and mediators. Best practices from across the world are being taken into consideration to ensure efficient functioning of the centre and for drafting of the rules. With a global perspective and an emphasis on quality, I can assure you that it would soon be comparable to Arbitral Institutions like SIAC.
He concluded his address on a hopeful note, expressing his certainty that the centre will be a boon for the arbitration and mediation.
landscape in India.
[Read CJI’s Full Speech]
