New Delhi, May 3 (PTI) Solicitor general of India Tushar Mehta on Saturday advocated for newer and more context-sensitive solutions to India’s mounting caseload, saying promotion of mediation will be beneficial as it helps the parties reach an understanding.
Speaking at a national conference on ‘Exploring the Efficacy and Reach of Mediation’, Mehta described the ‘mediation bar association’ as a “transformative step”.
“As lawyers, we know that disputes are an unavoidable part of our lives. When a matter goes to the court, one party gets satisfied while the other gets dissatisfied. What is needed is newer methods. The mediation bar association will bring about faster and more flexible methods. Small cases, labour cases should at first go for mediation as the system is already clogged. That is where this association can step in,” Mehta said.
A ‘mediation bar association’ refers to an organisation or committee within a bar association that focuses on promoting and supporting mediation as an alternative dispute resolution method.
Stating that promotion of mediation is beneficial in a number of ways, Mehta said, “First and most importantly, mediation focuses not on an adversarial process, but helps the parties reach an understanding.
“The goal is not to ensure success of one party at the expense of others. Mediation seeks to equally assist both parties to win in their own respective way, and as per their own choice.” Small cases such as those related to labour, matrimonial disputes, tenancy related matters, employment disputes, etc., should first go for mediation before wasting the judiciary’s time, “because the system is already clogged”, the solicitor general said.
That is where the mediation bar association can play a very major role, he added.
“I hope that in the years to come, the mediation association will play a leading role in the filed of alternative dispute redressal mechanism. Parties should be encouraged to avoid litigation, whether in the court or during arbitration. They should be incentivised to go for mediation as the first and only dispute resolution mechanism,” Mehta said. PTI UK ARI
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