Mediation awareness walkathon in Goa; Courts ready to adjudicate when it fails, says CJI
The CJI stated that an internal team of experts would identify whether a case is suitable for settlement through mediation.
Mediation awareness walkathon in Goa: A Mediation Awareness Walkathon and a National Conference on Mediation are being organized by the Bar Council of India Trust, Pearl First, and the India International University of Legal Education and Research (IIULER) in Panaji, Goa, today, sending a message to people across the country to opt for mediation to resolve disputes.
Several judges from the Supreme Court and High Courts, along with lawyers from across the country, attended the walkathon today.
According to a report by Bar and Bench, Chief Justice of India (CJI) Surya Kant said that cases coming before the courts would not be mechanically referred to mediation.
The CJI stated that an internal team of experts would identify whether a case is suitable for settlement through mediation.
“Only such matters are referred to mediation," the CJI is quoted as saying in the report. The CJI added that courts are prepared to adjudicate disputes on merit when mediation fails.
Speaking to Bar and Bench on the sidelines of the events, CJI Surya Kant said, “We have to be mentally prepared that where mediation does not succeed, the matter has to come back to court. We do not shy away from our responsibilities.”
“At the same time, there are other alternative dispute resolution mechanisms available and we are not ignoring or overlooking them. Arbitration is one such option. Where parties can afford arbitration and are willing to opt for it, why not? That mechanism is very much available.
If parties are willing to go in for conciliation, we encourage that as well. If a dispute can be resolved at the level of the local court, that route is equally open. The introduction of mediation as a dominant mechanism does not mean that other alternative modes of dispute resolution are being sidelined or ignored. All available mechanisms have to work together,” the CJI further stated.
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