Alternative dispute resolution: apex court judge urges caution
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Mediation, if properly implemented, had a great future. There was a great deal of interest in the alternative dispute resolution (ADR) mechanism. But while forging ahead with the movement, which undoubtedly would be a great boon to the judicial system, caution should be exercised, S.B. Sinha, Judge, Supreme Court, said on Monday. Speaking on “Mediation-the way ahead” at a meeting jointly organised by the Tamil Nadu Mediation and Conciliation Centre and the Tamil Nadu State Legal Services Authority here, he said mediation should be practised only after proper training. The future of mediation should begin with acquisition of knowledge in ADR, training, involvement of citizenry, creation of awareness and a full-fledged programme that was well-thought and well-planned. Mr. Sinha explained how a large number of judicial officers were trained in Delhi and permanent mediation centres were opened there. Those already trained became the trainers for other judicial officers. Now advocates in various parts of the country including Delhi, Mumbai and Allahabad were showing great enthusiasm. He complimented advocates in Chennai for being the pioneers. Mr. Sinha, who was a member of a sub-committee, said in order to do away with various disparities, it was suggested there was a need for a national mediation policy (NMP). This should be considered keeping in view the success rate in mediation the States had projected and that steps should be taken to carry the movement forward. Unfortunately, the NMP was yet to be accepted by the Union Government. As per the plan, it was proposed to train 3000 persons. He said there was no forum or platform, saving some exceptions, where difficulties with regard to the ADR mechanism could be freely discussed to find solutions. . Mr. Sinha said there was a need for the setting up of a mediation council, and a code of conduct for mediators to check their professional misconduct, if any. The Chief Justice of the Madras High Court, A.P. Shah, who presided, said the Tamil Nadu Mediation and Conciliation Centre handled a wide range of issues. It played a pivotal role in solving the complex Standard Motors issue. S.J. Mukhopadhaya and F.M. Ibrahim Kalifulla, Judges of the Madras High Court, were among those who spoke. Source : hindu.com |